In what circumstances will a plaintiff be liable for all damages arising from a procedure performed by a medical malpractice surgeon?
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):
Similarly, Berkey v. Anderson, supra, 1 Cal.App.3d at page 803, 82 Cal.Rptr. 67, states that "[i]f appellant did not give his informed or knowledgeable consent, ... the defendant would be liable for all damages proximately resulting, whether [the procedure] was or was not skillfully performed [citation] and whether [the damages] could be anticipated or not [citation]." (Italics added.)
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