Question
Before Susan Spade underwent laparoscopic surgery, she signed a consent form giving her consent to remove suspected endometriosis. During the procedure, her doctor removed her
Before Susan Spade underwent laparoscopic surgery, she signed a consent form giving her consent to remove suspected endometriosis. During the procedure, her doctor removed her left ovary and Fallopian tube and, in so doing, unintentionally perforated her ureter. The injury took four subsequent surgeries to repair the ureter. Susan claims that she did not give permission to remove her ovary. The doctor, however, claims that the ovary was diseased and had endometrial cysts, and that its removal was incidental to removing endometrial tissue. He argues that by consenting to removing the diseased tissue, Susan's consent extended to removing the ovary.
In a new Microsoft Word document, describe your analysis of whether or not consent is a valid defense in this case. In your response:
Describe the elements of the privilege of consent.
Describe which elements are at issue in this case.
Describe the effect of mistake on the privilege.
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