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Wen-Jia, an obese person, consulted with Thinband, a private clinic that performs weight-reducing gastric band surgery. During the consultation, a general surgeon who works for

Wen-Jia, an obese person, consulted with Thinband, a private clinic that performs weight-reducing gastric band surgery. During the consultation, a general surgeon who works for Thinband described dramatic weight-loss results and told Wen-Jia that fewer than 2% of patients who have this operation suffer post-surgical complications. As a result of the surgery, Wen-Jia experienced a stomach perforation, which caused a massive, near-fatal infection. Wen-Jia consulted with personal injury lawyers, who researched the surgery and found that it was well known among general surgeons that the likelihood of post-surgical complications, which could include stomach perforation, was approximately 15%. Which one of the following statements is correct?

  • A. The patient's consent to treatment may be negated solely by mistake
  • B. The patient's consent to treatment may be negated solely by fraud
  • C. The patient's consent to treatment cannot be negated by either mistake or fraud
  • D. The patient's consent to treatment may be negated by either mistake or fraud

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