What is the test for "full disclosure" in medical malpractice cases?
California, United States of America
The following excerpt is from Arato v. Avedon, 23 Cal.Rptr.2d 131, 5 Cal.4th 1172, 858 P.2d 598 (Cal. 1993):
Our opinion in Cobbs v. Grant, supra, 8 Cal.3d 229, 104 Cal.Rptr. 505, 502 P.2d 1, recognized these "common practicalities" of medical treatment which, we said, make the ideal [5 Cal.4th 1186] of "full disclosure" a "facile expression[ ]." (Id. at p. 244, 104 Cal.Rptr. 505, 502 P.2d 1.) Eschewing both a "mini-course in medical science" and a duty to discuss "the relatively minor risks inherent in common procedures," we identified the
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