Did the student have a duty to review the patient consent form before the attempted intubation?

FACTS: A few weeks before the plaintiff was to have a vaginal hysterectomy, she told her gynecologist that she preferred privacy during her surgery. To this end, she crossed out two portions of the physician’s consent form before she signed it: she crossed out “I consent to the presence of healthcare learners” and “I consent to the photography o[r] videotaping of the surgical, diagnostic, and/or medical procedure to be performed providing my name and identity is not revealed.” On the morning that her surgery was to be performed, the plaintiff received assurance from the attending anesthesiologist that she would personally be handling her anesthesia. The anesthesiologist’s consent form, which the plaintiff signed, read in part: “I understand that my anesthesia care will be given to me by the undersigned or a physician privileged to practice anesthesia.” After the plaintiff was anesthetized, a hospital employee, acting as a preceptor, entered the operating room with a student in an emergency medical technician (EMT) certification program. The anesthesiologist granted permission for the EMT student to intubate the plaintiff. During the unsuccessful intubation, the plaintiff’s esophagus was torn.
Directions
Analyze the case study and submit a two- to three-page paper addressing the following:
Identifying the ethical dilemma
Comparing and evaluating the ethical arguments
Formulating an implementation plan
Demonstrating problem solving, decision-making, and critical thinking skills
Answer all key questions
Key Questions
Who had the duty to obtain and conform to the informed consent given by the plaintiff?
Did the student have a duty to review the patient consent form before the attempted intubation?
Did the preceptor have a duty to review the signed consent form?
Was the attempted intubation considered battery?