Athlete, a professional football player, signed a written consent for his team’s physician, Doctor, to perform a knee operation. After Athlete was under a general anesthetic, Doctor asked Surgeon, a world famous orthopedic surgeon, to perform the operation. Surgeon’s skills were superior to Doctor’s, and the operation was successful. In an action for battery by Athlete against Surgeon, Athlete will:(A) prevail, because Athlete did not agree to allow Surgeon to perform the operation.(B) prevail, because the consent form was in writing.(C) not prevail, because Surgeon’s skills were superior to Doctor’s.(D) not prevail, because the operation was successful.

(A) prevail, because Athlete did not agree to allow Surgeon to perform the operation

Explanation:

When a consent form is signed, it specifically lists the actions that have been given consent to by the signee. No other action or procedure is allowed outside this list. According to the consent signed by the athlete here, he allowed specifically his team's doctor to perform his knee operation. This means:

The consent order was breached when another surgeon performed the operation. Even though point one was satisfied, point two was breached and the athlete can sue the doctor for it. It does not matter if the operation was successful or not. The doctor should have informed the athlete about his decision and taken prior permission before inviting the surgeon to operate.

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