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· 10/27/1972

Cobbs v. Grant

Citations

  • 502 P.2d 1
  • 8 Cal. 3d 229
  • 104 Cal. Rptr. 505
  • 1972 Cal. LEXIS 278

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a battery cause of action is only proper where a surgeon performs a surgery to which the patient has not consented
  • noting that `medical battery cases' are limited to substantial and obvious deviations from the anticipated procedure or treatment
  • stating that a physician need not inform a patient of risks “if the procedure is simple and the danger remote and commonly appreciated to be remote”
  • determining that the doctor's \equivocal admission\ that he \blamed himself\ was not a concession that his conduct fell below the standard of care, and it therefore could not alone support a jury verdict of negligence
  • adopting the majority position that \appears to be towards categorizing [the] failure to obtain informed consent as negligence\
  • adopting the majority position that \appears to be towards categorizing [the] failure to obtain informed consent as negligence\

Source: CourtListener parenthetical corpus (CC0).

Judges: Mosk

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.