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The Title 28 of the United States Code QUESTION #3723
Question 1
A surgeon performs a successful emergency appendectomy on an unconscious patient. The patient later sues for 'battery,' arguing they never gave consent. What is the result?
  • The surgeon is liable because any touching without consent is battery.
  • The surgeon is not liable because of 'implied consent' in an emergency life-saving situation.✔️
  • The surgeon is liable, but damages will be nominal.
  • The surgeon is not liable because the patient's appendicitis was a 'superseding cause.'
Correct Answer Explanation
The law implies consent for medical procedures in emergency situations where the patient is unable to give consent and a reasonable person would consent to save their life or health.