Is a plaintiff entitled to special instruction No. 24 in a medical malpractice case?

California, United States of America


The following excerpt is from Mathis v. Morrissey, 11 Cal.App.4th 332, 13 Cal.Rptr.2d 819 (Cal. App. 1992):

The trial court refused plaintiffs' special instruction No. 24, which read: "When surgery or other dangerous therapeutic procedures are being considered, the physician must inform the patient of the available alternatives or schools of thought and the hazards involved so that the patient is able to give effective consent to the proposed treatment." Plaintiffs, relying on the decision in Jamison v. Lindsay (1980) 108 Cal.App.3d 223, 166 Cal.Rptr. 443, contend that the court's refusal to give this instruction constitutes reversible error.

Other Questions


What is the test for a plaintiff to bring an appeal against an instruction in a medical malpractice case? (California, United States of America)
Does a medical malpractice plaintiff have a need for protection in a medical negligence case? (California, United States of America)
How have courts considered the presumption that a plaintiff in a medical malpractice case is "capable of understanding and following the instructions given them"? (California, United States of America)
In a medical malpractice case, in the context of sexual assault allegations, is there any case law where a jury was instructed to consider the evidence in the closing argument? (California, United States of America)
Does section 2337 of the Medical Association's Medical Licence Review Guidelines apply to a medical malpractice case? (California, United States of America)
What is the impact of an instructional error that resulted in a plaintiff in a medical malpractice case being denied access to a prescription drug? (California, United States of America)
Does a modification to plaintiff's liability in a medical malpractice case alter plaintiff's claim for personal injury? (California, United States of America)
In a medical malpractice case, in what circumstances will a jury deliver a special verdict for the widow and children of a plaintiff? (California, United States of America)
What is the test for a jury to determine whether the jury improperly applied an instruction in a medical malpractice case? (California, United States of America)
Can a plaintiff be held liable for failing to acquire knowledge of the facts of a medical malpractice case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.