Is informed consent a medical professional's duty to disclose?

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):

20 In Berkey v. Anderson, supra, 1 Cal.App.3d 790, 82 Cal.Rptr. 67, concerning informed consent to conduct a myelogram, the court said, "We agree with appellant that a physician's duty to disclose is not governed by the standard practice of the physician's community, but is a duty imposed by law which governs his conduct in the same manner as others in a similar fiduciary relationship. To hold otherwise would permit the medical profession to determine its own responsibilities to the patients in a matter of considerable public interest." (Id., at p. 805, 82 Cal.Rptr. 67.)

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