Does a physician have a duty to advise a patient about alternative treatments and the risk of doing nothing?

California, United States of America


The following excerpt is from Brown v. Henderson, A143384 (Cal. App. 2016):

We find no merit in the contention. There is no absolute requirement that a physician advise a patient about alternative treatments and the risk of doing nothing. Rather, when those elements of informed consent are pertinentthat is, when doing nothing is a realistic alternative and when there are reasonable alternatives to the proposed procedurethe duty to advise with respect to these issues is included within the general requirement that a physician provide all material information. (Schiff v. Prados (2001) 92 Cal.App.4th 692, 701.) When there are no reasonable alternatives, there is similarly no duty to advise with respect to them. (Ibid.)

Other Questions


Does a physician have a duty to disclose alternative treatments? (California, United States of America)
Does physician-patient privilege protect the interests of the patient? (California, United States of America)
Does disclosing the identity of a patient breach physician-patient privilege? (California, United States of America)
Does a physician have a duty of care to examine a patient for reasons other than diagnosis or treatment? (California, United States of America)
In a medical malpractice action, is a jury advised that proper warnings to a physician can render a product non-defective and safe? (California, United States of America)
Is a hospital liable to a patient for a physician's malpractice? (California, United States of America)
In a medical malpractice case, in what circumstances will a physician be permitted to restrict disclosure to a patient who may override his expert opinion? (California, United States of America)
Does a patient have a privilege to refuse to disclose confidential information to another patient? (California, United States of America)
If an alternate is present in the jury room without authority to be there, can the alternate be struck off? (California, United States of America)
What is the scope of a physician's duty to disclose medical information to their patient? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.