Jane Doe sought treatment from Dr. More, a surgeon, because she was experiencing claudication in her left leg. Claudication is a symptom in patients with peripheral vascular disease when the blood flow to their lower extremities is restricted. Such patients experience cramping in their lower extremity which may be brought on by walking or exercise. Dr. More told Jane that most people opt for surgery to correct this disorder. When she seemed relunctant about the surgery, Dr. More stressed to her that her condition was not going to improve without surgery. Dr. More told her that the surgery involved constructing a bypass graft on her left femoral artery. He assured her that the procedure would improve her circulation.

After the surgery, Jane continued to have pain in her leg and she again experienced circulatory problems in her leg. She returned to Dr. More for further treatment. For the first time, Dr. More told her that the material he had used to construct the graft during surgery was a section of Jane's own saphenous vein that he had removed during the surgery. He had grafted that section of vein onto her left femoral artery hoping to improve circulation. Dr. More told Jane that he would have to surgically repair the graft on the femoral artery using a different material. He told Jane that he was going to attempt to repair the failed bypass graft surgically using a new synthetic patching material known as Gore-Tex. He told her that he believed that the new material was better than trying to use natural grafted tissue.

Unknown to Jane, Dr. More received a stipend from the manufacturer each time he used the new Gore-Tex patching material in his surgeries. He performed another surgery on Jane in which he attempted to repair the bypass graft on the artery with a Gore-Tex patch. However, the patch did not work at all. Within days, it was blocked by blood clots. Dr. More told Jane that he needed to perform additional surgery to remove the clots. Dr. More then gave Jane anticoagulant medication. When that did not solve the problem, Dr. More spoke with Jane about further surgery. He told her that there really was no other choice but to try to repair the artery graft by completely removing it and starting over with the Gore-Tex patch again. Jane felt that she had no choice but to undergo the additional surgery. However, after the surgery, the new Gore-Tex graft worked no better than it did the first time and kept becoming blocked by blood clots. The resulting impairment of blood flow eventually caused Jane's left leg to degenerate to the point that her leg had to be amputated above the knee.

Jane decided to sue Dr. More for failure to disclose the risks of the surgery. Do you think that Jane's lawsuit will be successful against Dr. More? Why or why not?

Be sure to correctly state the legal elements that Jane must prove in this lawsuit and fully explain your answer by applying the law to the facts