Negligence

A woman went to the physician with severe stomach pains. She was examined by a surgeon who, she stated, told her that her spleen was “hanging by a thread” from her collarbone. The surgeon recommended surgery to “build up ligaments” in her spleen. Following the operation, the surgeon informed her husband that it had been necessary to remove the spleen. The pathology report revealed no evidence of any disease in the spleen. The woman and her husband brought a cause of action against the surgeon for fraud. Should the court rule in their favor?