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):
This, of course, exposes the real problem with the majority opinion. It plainly seeks to reach a result for which there is no legal basis as to liability or damages. "The duty to disclose was imposed in Cobbs so that patients might meaningfully exercise their right to make decisions about their own bodies." (Truman v. Thomas, supra, 27 Cal.3d at p. 292, 165 Cal.Rptr. 308, 611 P.2d 902, emphasis added.) But no claim is made here that the decedent was not given adequate information to decide whether to undergo the recommended chemotherapy treatment. What plaintiffs claim is that decedent was not told more explicitly of the strong likelihood of an early death from his disease. 5 As the majority notes (see slip opn. at pp. 172-173 of 11 Cal.Rptr.2d), what concerned the plaintiffs and the claims on which they brought suit were:
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.