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


The following excerpt is from Arato v. Avedon, 11 Cal.Rptr.2d 169, 13 Cal.App.4th 1325 (Cal. App. 1992):

Although these instructions follow BAJI, based on Cobbs v. Grant, they nevertheless are misleading in this case. The qualification, "However, the doctrine recognizes that the primary duty of a physician is to do what is best for the patient," added to the BAJI instruction upon defendants' request, implied it is the physician, not the patient, who ultimately knows what is best and therefore may limit disclosure if the physician believes the patient may override his expert opinion.

Other Questions


In a medical malpractice case, in what circumstances will an expert be able to rely solely on evidence that supports his opinion? (California, United States of America)
What is the content of an expert's declaration in disclosure in a medical malpractice case? (California, United States of America)
What is the test for opinion testimony by an expert in a medical malpractice case? (California, United States of America)
In a motion to suppress evidence in a medical malpractice case, has a recommending physician ever been allowed to attach a statement recommending marijuana for medical purposes? (California, United States of America)
In what circumstances will a lawyer's opinions and research be relevant to a medical malpractice case? (California, United States of America)
What is the test for an expert opinion in a medical malpractice case? (California, United States of America)
What is the test for an expert's opinion in a medical malpractice case? (California, United States of America)
What is the test for an expert's opinion in a medical malpractice case? (California, United States of America)
Does an expert who is an expert in medical malpractice have to produce a declaration of opinion based on hearsay statements? (California, United States of America)
In a medical malpractice case, is an expert witness allowed to provide opinion testimony? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.