[DOWNLOAD] "Cobbs V. Grant" by Supreme Court Of California ~ eBook PDF Kindle ePub Free

July 03, 2021

eBook details

Title: Cobbs V. Grant
Author : Supreme Court Of California
Release Date : January 27, 1972
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

Description

This medical malpractice case involves two issues: first, whether there was sufficient evidence of negligence in the performing of surgery to sustain a jury verdict for plaintiff; second, whether, under plaintiff's alternative theory, the instructions to the jury adequately set forth the nature of a medical doctor's duty to obtain the informed consent of a patient before undertaking treatment. We conclude there was insufficient evidence to support the jury's verdict under the theory that defendant was negligent during the operation. Since there was a general verdict and we are unable to ascertain upon which of the two concepts the jury relied, we must reverse the judgment and remand for a new trial. To assist the trial court upon remand we analyze the doctor's duty to obtain the patient's informed consent and suggest principles for guidance in drafting new instructions on this question.