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A physician performed scheduled surgery on her patient's right ear for a condition caused by prolonged and repeated infections in that ear. During the surgery, the physician determined that her patient had been particularly susceptible to this condition due to a previously unsuspected anatomical abnormality. The physician reason­ ably believed that this same abnormality was likely to exist in the patient's left ear. Though the patient had not had many infections in the left ear, if a similar course of recurring infections were to transpire involving that ear, it would probably develop the same condition as the right and require surgery. The physician therefore decided to perform surgery on her patient's left ear, although she had received his consent only to operate on the right ear. The surgery was performed with due care and was successful. In an action by the patient against the physi­ cian, what is the likely result?


A、The patient will not recover because the extension of the operation was successful.
B、The patient will not recover because the extension of the operation was carried out with due care.
C、The patient will recover at least nominal damages on a negligence theory.
D、The patient will recover at least nominal damages on a battery theory.

发布时间:2026-02-02 08:54:34
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答案:D
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