Key legal question
Whether the patient had given informed consent, or at least hypothetical consent, to the surgery despite not being warned of the rare nerve injury risk.
Extracted holding
The cantonal court could, without arbitrariness, find that B. would have accepted the operation even with full information, given the exceptional rarity of the risk and the substantial expected benefit.
Extracted reasoning
Hypothetical consent is excluded only when a fully informed patient would likely have refused. Here, the procedure cured a severe and very troublesome condition, and the realized risk was extraordinarily rare; the court's inference was not untenable.