Can a plaintiff recover for medical malpractice from a doctor who failed to warn her of the risks of an operation?

California, United States of America


The following excerpt is from Stone v. Foster, 106 Cal.App.3d 334, 164 Cal.Rptr. 901 (Cal. App. 1980):

Plaintiff argues that the testimony was collateral to the issues in the trial court and thus properly rejected. That is not the case. In order for plaintiff to recover for medical malpractice due to defendant's failure to warn of risks there must be a casual relationship between the failure to perform and the injury. (Cobbs v. Grant, supra, 8 Cal.3d at p. 245, 104 Cal.Rptr. 505, 502 P.2d 1.) That relationship must be established by reference to whether plaintiff would have consented to the operation if properly warned and whether a prudent person in plaintiff's position would have done so. (Ibid.) Evidence that plaintiff was aware of the risks despite defendant's failure to inform her relates directly to the question of whether she would have [106 Cal.App.3d 352] undergone the operation despite a warning from defendant. As such the evidence was not collateral but was directly relevant to an issue in the case. 4

Other Questions


Does a medical malpractice plaintiff have a need for protection in a medical negligence case? (California, United States of America)
Does section 2383 of the California Medical Code, section 490 of the Medical Licence Act, apply to medical malpractice? (California, United States of America)
Does a modification to plaintiff's liability in a medical malpractice case alter plaintiff's claim for personal injury? (California, United States of America)
Can a plaintiff bring a medical malpractice action against a doctor after the statute limitations period has run? (California, United States of America)
Is a plaintiff entitled to recover damages from a defendant who failed to properly assess the risk? (California, United States of America)
Is a plaintiff entitled to recover for medical malpractice on a variety of theories? (California, United States of America)
Can a plaintiff be held liable for failing to acquire knowledge of the facts of a medical malpractice case? (California, United States of America)
Can a medical malpractice claim in an arbitration proceeding be considered "medical malpractice"? (California, United States of America)
How much is a plaintiff entitled to recover from a medical malpractice claim? (California, United States of America)
What is the test for a successful plaintiff to recover costs in a medical malpractice case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.