A patient visited a physician because of apainful foot. The physician told the patient that he could choose several weeks of physicaltherapy or undergo elective surgery to correctthe problem. The physician did not tell thepatient that there was a risk of nerve damageif he underwent the surgery. The patient chosethe surgery and the physician performed thesurgery successfully. However, the patient was upset when he learned afterward about the riskof nerve damage, because, had he known ofthe risks of the surgery,he would have chosenthe therapy instead. The jurisdiction applies a national standard to determine a physician's dutyof care.

In an action against the physician for failing toinform the patient of the risks of the surgery, isthe patient likely to prevail?

A. Yes, because he would have refused theoperation had he known of the risks.

B. Yes, becausethe jurisdiction uses a highernational standard to determine a physician'sduty of care.

C. No, unless the jury concludes that a reasonable person would have withheld consent tothe operation if informed of the risks.

D. No, because the surgery was successful.