Can a doctor be found negligent as a matter of law for failing to disclose to a patient?

California, United States of America


The following excerpt is from Barton v. Owen, 139 Cal.Rptr. 494, 71 Cal.App.3d 484 (Cal. App. 1977):

[71 Cal.App.3d 496] The first case cited by appellant is that of Cobbs v. Grant (1972) 8 Cal.3d 229, 104 Cal.Rptr. 505, 502 P.2d 1. There the court talked of a doctor's duty of disclosure to his patient and the requirements of informed consent. This case lends no support to the appellant's position that certain courses of treatment or diagnosis could therefore be found negligent as a matter of law. The duty of disclosure is vastly different from the duties involved in a course of medical diagnosis or treatment for an illness or disease.

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