Surgeon performed a sterilization operation on Patient. After the surgery, Surgeon performed a test that showed that Patient's fallopian tubes a test that showed that Patient's fallopian tubes were not severed, as was necessary for sterilization. Surgeon did not reveal the failure of the operation to Patient, who three years later became pregnant and delivered a baby afflicted with a severe birth defect that will require substantial medical care throughout its life. The birth defect resulted from a genetic defect unknown to, and undiscoverable by, Surgeon. Patient brought an action on her own behalf against Surgeon, seeking to recover the cost of her medical care for the delivery of the baby, and the baby's extraordinary future medical expenses for which Patient will be responsible. Which of the following questions is relevant to the lawsuit and currently most difficult to answer? 
Did Surgeon owe a duty of care to the baby in respect to medical services rendered to Patient three years before the baby was conceived? Can a person recover damages for a life burdened by a severe birth defect based on a physician's wrongful failure to prevent that person's birth from occurring? Did Surgeon owe a duty to Patient to inform her that the sterilization operation had failed? Is Patient entitled to recover damages for the baby's extraordinary future medical expenses?
Question: Surgeon performed a sterilization operation on Patient. After the surgery, Surgeon performed a test that showed that Patient's fallopian tubes a test that showed that Patient's fallopian tubes were not severed, as was necessary for sterilization. Surgeon did not reveal the failure of the operation to Patient, who three years later became pregnant and delivered a baby afflicted with a severe birth defect that will require substantial medical care throughout its life. The birth defect resulted from a genetic defect unknown to, and undiscoverable by, Surgeon. Patient brought an action on her own behalf against Surgeon, seeking to recover the cost of her medical care for the delivery of the baby, and the baby's extraordinary future medical expenses for which Patient will be responsible. Which of the following questions is relevant to the lawsuit and currently most difficult to answer? 
A. Did Surgeon owe a duty of care to the baby in respect to medical services rendered to Patient three years before the baby was conceived?
B. Can a person recover damages for a life burdened by a severe birth defect based on a physician's wrongful failure to prevent that person's birth from occurring?
C. Did Surgeon owe a duty to Patient to inform her that the sterilization operation had failed?
D. Is Patient entitled to recover damages for the baby's extraordinary future medical expenses?
Answer: