Vandi v. Permanente Medical Group, Inc.

How courts have described this case

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

• stating, “in treating a patient a 9 physician can consider only what is known at the time he or she acts.”
• “If the procedure is one which should have been 5 proposed, then the failure to recommend it would be negligence under ordinary medical 6 negligence principles and there is no need to consider an additional duty of disclosure.”
• “If the procedure is one which should have 15 been proposed, then the failure to recommend it would be negligence under ordinary medical 16 negligence principles and there is no need to consider an additional duty of disclosure.”
• a physician is not liable under a lack of informed consent theory for failure to disclose a medical treatment or diagnostic procedure which the physician does not recommend; such a cause of action would place an “imprecise and unpredictable burden upon a physician”
• rejecting modified informed consent theory on these grounds

Source: CourtListener parenthetical corpus (CC0).