w/laminectomy. Prior to his decision he was found incompetent /unfit to stand trial by the State's mental health examiner based on the amount of pain medication that he was taking. was the surgeon irresponsible/liable to proceed with surgery on a patient ,that if it was a contract ,per se ,in contractual law would be null and void? So, if the patient is incompetent for legal proceedings isn't the patient incompetent to elect for surgery and can he hold the surgeon liable?
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