Autonomy and the law: Common law: Scenario
- A patient with persistent pain in her neck and shoulder, consults a surgeon who advises her to have an operation
on her spinal column to relieve the pain. He warns her of the possibility of disturbing a nerve root, which might lead to a slight feeling of numbness in her neck and shoulder. However, he does not mention the two percent chance of damaging the spinal cord, because he will be operating within three millimeters of it. Such damage could result in a slight numbness in her limbs or even total paralysis. The patient consents to the operation. In the course of the surgery, her spinal cord is injured and she is completely paralyzed with no hope of recovering the use of her limbs. - Did the surgeon act ethically and legally? Why or why not?