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):
Although these instructions follow BAJI, based on Cobbs v. Grant, they nevertheless are misleading in this case. The qualification, "However, the doctrine recognizes that the primary duty of a physician is to do what is best for the patient," added to the BAJI instruction upon defendants' request, implied it is the physician, not the patient, who ultimately knows what is best and therefore may limit disclosure if the physician believes the patient may override his expert opinion.
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