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Unformatted text preview: Rational: The doctor had a chance to get the consent of the patient or was able to give the patient a reasonable option before causing pernament harm to him, making him sterile. There was no estingient circumstances. Also, whether or not there was consent was questionable. Holding: Narrow: If there is no exigient circumstances for a doctor to operate and there is an alternative action that he could take, he must inform the patient, so the patient can make the decision, when there is no clear acknoledgement of consent Broad: If the circumstance is not life or death, and if there are alternatives in how a situation can be handled, which can cause pernament harm, then there must be consent by the victim before the situation can be handled. Synthesis: Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .
- Fall '11