What is the effect of the court's decision not to include a patient information brochure in a medical malpractice case?
California, United States of America
The following excerpt is from Scalere v. Stenson, 211 Cal.App.3d 1446, 260 Cal.Rptr. 152 (Cal. App. 1989):
Of course, as the court said in Jamison, "Appellant was not without an appropriate legal theory under which she might recover damages. Negligent failure to advise a patient to pursue a potentially necessary course of treatment is actionable under ordinary medical negligence standards...." (Jamison v. Lindsay, supra, 108 Cal.App.3d 223, 231, 166 Cal.Rptr. 443.)
2. The court abused its discretion in excluding a patient information brochure.
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