[Expert Solution]: Hypothetical: Eustace Fargo has a serious…

Hypothetical: Eustace Fargo has a serious kidney infection. Dr. Dredd conducts an informed consent session for a surgical procedure that is likely to mitigate the damage of the infection but require lifelong dialysis, which Dredd describes in detail. The alternative is a pharmaceutical regimen that is less likely to succeed, but if it does would not require further dialysis treatments. Dr. Dredd disfavors the pharmaceutical treatment because he thinks that patients are too afraid of dialysis and likely to choose a more dangerous route to avoid it. He neglects to tell Fargo about the alternative treatment. After surgery Fargo sues Dr. Dredd. Should his lawsuit succeed? Yes. The right to informed consent includes the right to know about both potential consequences and potential alternatives. No. A special consent form is effective even if a patient later comes to regret their informed consent. No. Informed consent doesn’t require information about every possible alternative treatment. Yes. The informed consent is defective because Fargo was not aware that post-operative dialysis would be required. Informed consent includes knowledge of potential consequences.