What is the test for informed consent in medical malpractice cases?

California, United States of America


The following excerpt is from Warren v. Schecter, 57 Cal.App.4th 1189, 67 Cal.Rptr.2d 573 (Cal. App. 1997):

The "doctrine of informed consent recognized in Cobbs v. Grant, supra, 8 Cal.3d 229, 104 Cal.Rptr. 505, 502 P.2d 1, was imposed 'so that patients might meaningfully exercise their right to make decisions about their own bodies.' [Citation.]" (Arato v. Avedon (1993) 5 Cal.4th 1172, 1183, 23 Cal.Rptr.2d 131, 858 P.2d 598.)

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