California First-Year Law Students' Exam (Baby Bar) — MCTortsHard
A patient underwent a routine medical procedure. Before the procedure, the doctor explained the risks and benefits, and the patient signed a consent form. During the procedure, the doctor deviated slightly from the agreed-upon surgical plan due to an unforeseen anatomical variation, which was still within the standard of care but not explicitly covered in the consent form. The patient suffered no harm from this deviation but later sued, claiming battery. Which of the following defenses is most likely to succeed?
- AConsent
- BNecessity
- CSelf-Defense
- DDefense of Others
Show answer & explanationAnswer & explanation
Correct answer: A. Consent
Even though there was a slight deviation from the explicitly consented plan, if the deviation was minor, within the standard of care, and did not cause harm, the original broad consent to the procedure would likely cover such a standard, minor adjustment. The patient consented to the overall procedure, and the deviation did not fundamentally alter its nature or purpose.
Why the other options are wrong
- B. Necessity (public or private) applies to property torts or situations of imminent danger to life/property, not medical procedures.
- C. Self-Defense applies when one uses reasonable force to protect oneself from harm, which is irrelevant here.
- D. Defense of Others applies when one uses reasonable force to protect a third party from harm, which is irrelevant here.
Consent (Medical Procedures)
In medical procedures, consent to the overall procedure generally covers minor, non-harmful deviations within the standard of care, especially if medically necessary.
- Consent can be express or implied.
- Must be informed consent (risks/benefits explained).
- Scope of consent is critical; minor deviations usually covered.
- Substantial deviations or those causing harm may invalidate consent for battery.
Memory trick: Intentional tort defenses are 'C(onsent) S(elf-defense) D(efense of others) D(efense of property) N(ecessity)'.