A 52-year-old man sees you in follow-up after a radical prostatectomy. He had been fully informed about the risk of the procedure such as incontinence and impotence. Neither of these adverse effects occurs. While searching on the Web he finds that there is treatment without surgery involving the implantation of radioactive seeds or pellets in the prostate. He files suit against you because of an improper informed consent.
What will be the most likely outcome of the suit?
a. He will lose because there were no adverse effects.
b. He will lose because all the risks of the surgery were explained to him before he signed consent.
c. He will lose because radical prostatectomy is a standard procedure.
d. He will win because you did not inform him of the risks and benefits of alternative therapy to surgery.
e. He will win because radioactive seeds are the superior form of therapy.