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HUNDLEY v. ST. FRANCIS HOSPITAL

Docket No. 17464.

161 Cal.App.2d 800 (1958)

327 P.2d 131

EMILY HUNDLEY, Respondent, v. ST. FRANCIS HOSPITAL et al., Defendants; FREDERICK G. NIEMAND, Appellant.

Court of Appeals of California, First District, Division Two.

July 3, 1958.

Attorney(s) appearing for the Case

Peart, Baraty & Hassard and Alan L. Bonnington for Appellant.

Andrew J. Eyman, Fitz-Gerald Ames, Sr., and George Olshausen for Respondent.

DRAPER, J.

The complaint upon which this action went to trial alleged that defendant doctor "without the knowledge and consent" of plaintiff operated upon and treated her in "an unnecessary, careless and negligent manner." The evidence makes clear that plaintiff relied upon the claimed "negligent and careless" manner of operation, i.e., malpractice, as well as upon the allegation that the surgery was performed without consent and was unnecessary. In this latter respect...

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