Does the failure to give a "negligence per se" instruction based on section 70707 of the Health and Social Care Act constitute a prejudiced judgment?

California, United States of America

The following excerpt is from Traxler v. Varady, 12 Cal.App.4th 1321, 16 Cal.Rptr.2d 297 (Cal. App. 1993):

Appellant again fails to demonstrate that she was prejudiced by the failure to give a "negligence per se" instruction based on this section. Section 70707 requires nothing more than that the patient's informed consent be obtained. The section does not offer a definition of the term "informed consent" that differs in any significant respect with the common law. In Cobbs v. Grant (1972) 8 Cal.3d 229, 104 Cal.Rptr. 505, 502 P.2d 1, the leading case defining

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Does the failure to give a "negligence per se" instruction based on section 70707 of the Health and Social Care Act constitute a prejudiced judgment?

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