Climate Change Project

Table of Contents



Consent and Informed Consent

Guide to: COBBS v. GRANT, 502 P.2d 1 (Cal 1972)

Why did they reverse and remand, rather than giving a verdict to the defendant?

What are the facts?

How long would he get to stay today?

What was the problem when he went home?

How did Defendant fix the problem?

Was the physician negligent because the spleen was damaged?

What happened after the spleen repair?

When did they decide to operate again?

What did the jury do?

What were the plaintiff's two theories?

What was Defendant's attack on the negligence count?

How does Plaintiff justify no expert witness?

What are examples of this exception?

What is the general rule on testimony?

Why does the court stick to the traditional rule?

Is an adverse event evidence of negligence?

Where does Plaintiff get his expert testimony?

Would Defendant's admissions be enough?

What did the P say was defendant's evidence of negligence?

What did D allegedly say to P?

Even if true, is this evidence of negligence?

What was the court's concern with the instructions for negligence?

What is the test?

Why was this impossible in this case?

How did the previous cases deal with instructions on informed consent?

How did the court want informed consent handled in this case?

How was Berkey different from this case?

What happened in the cases the court saw as misleading information?

What were the courts split over?

What did Prosser say?

What is the evidentiary proof difference between informed consent as negligence and battery?

What about damages and insurance?

What does this court reserve battery for?

What instruction did the trial court give on informed consent?

What were defendant's objections?

Is this community standard widespread?

How many jurisdictions require full disclosure?

Had any court adopted the rule that physicians can withhold information - the therapeutic exception?

What are the court's assumptions?

What was the court's conclusion?

Why was the court uncomfortable with the community standard?

What did Canterbury say?

What is the emergency exception?

What about minors and incompetents?

Why is full disclosure impossible?

What must the doc always tell?

What else must the doc tell?

What does the court say its standard is?

What about causation?

What is the standard for the patient's view?

What are the defenses?

What is a therapeutic exception?

What is the limit on defenses?

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