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ATKINS v. STRAYHORN

Docket No. D008995.

223 Cal.App.3d 1380 (1990)

273 Cal. Rptr. 231

OWREN B. ATKINS, JR., et al., Plaintiffs and Appellants, v. EUGENE H. STRAYHORN, JR., et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division One.

September 19, 1990.

Attorney(s) appearing for the Case

COUNSEL

Sheldon Deutsch for Plaintiffs and Appellants.

Ault, Deuprey, Jones, Danielson & Gorman, Dan H. Deuprey, Greines, Martin, Stein & Richland, Alan G. Martin, Kent L. Richland and Sheila S. Kato for Defendants and Appellants.

Horvitz & Levy, Daniel J. Gonzalez and S. Thomas Todd as Amici Curiae on behalf of Defendants and Appellants.

OPINION

HUFFMAN, J.

Defendants Eugene H. Strayhorn, Jr., M.D., and his professional corporation, Eugene H. Strayhorn, M.D., Inc. (together Strayhorn), appeal a judgment in favor of plaintiffs Owren B. Atkins, Jr., and Eileen L. Atkins (together Atkinses1) on Atkinses' complaint for professional negligence. Strayhorn contends the court erred in (1) allowing Atkinses to exploit an informed consent theory...

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