Cases

The Court of Appeal affirmed the trial court’s order sustaining a demurrer in favor of GMSR’s client, San Leandro Hospital. Plaintiff asserted claims against the hospital for fraud and battery, alleging that it had conspired with his doctors to dupe him into having corrective hernia surgery. The Court of Appeal held that a hospital—unlike a physician—does not owe a duty to obtain a patient’s informed consent before surgery.

Case Briefs

• California Court of Appeal Opinion - View Document