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23. In an action for battery by the athlete against the surgeon, the athlete will
A professional football player signed a written consent for his team's physician to perform a knee operation. After the athlete was under a general anesthetic, the doctor asked a world famous orthopedic surgeon to perform the operation. The surgeon's skills were superior to the doctor's, and the operation was successful.
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B is incorrect. The reason the plaintiff will prevail is not that the consent for the doctor to perform the surgery was in writing, but rather, because of the lack of any consent — express or implied — for the surgeon to perform the surgery.
C is incorrect. The fact that the surgeon had superior skills has no bearing on his liability for battery, which does not require a showing of damages.
D is incorrect. As explained above, without any need to show damages, the surgery's success does not preclude a battery claim.