What is the test for "full disclosure" in medical malpractice cases?
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):
The requirement of "full disclosure" is limited by two qualifications only: there is no need for a "mini-course in medical science" nor for a discussion of relatively minor risks inherent in common procedures when there is common knowledge that such risks are of very low incidence. (Id., at p. 244, 104 Cal.Rptr. 505, 502 P.2d 1.)
In Truman v. Thomas, supra, 27 Cal.3d 285, 165 Cal.Rptr. 308, 611 P.2d 902, the
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