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COBBS v. GRANT

Docket No. S.F. 22887.

8 Cal.3d 229 (1972)

502 P.2d 1

104 Cal. Rptr. 505

RALPH COBBS, Plaintiff and Respondent, v. DUDLEY F.P. GRANT, Defendant and Appellant.

Supreme Court of California. In Bank.

October 27, 1972.

Attorney(s) appearing for the Case

COUNSEL

McNamara, Lewis & Craddick, Marrs A. Craddick and Richard G. Logan for Defendant and Appellant.

Bonne, Jones & Bridges, Frederick O. Field, Home & Clifford, Kirtland & Packard, Overton, Lyman & Prince, Robert F. Lewis, James K. Barnum, Stammer, McKnight, Barnum, Bailey & Barnett, Leighton M. Bledsoe, Bledsoe, Smith, Cathcart, Johnson & Rogers, J. Thomas Crowe, Crowe, Mitchell & Crowe, Lewis Fenton, Hoge, Fenton, Jones & Appel, Howard Hassard, Hassard, Bonnington, Rogers & Huber, Edwin Heafey, Sr., Crosby, Heafey, Roach & May, Robert L. Lamb, Lamb & Glynn, Raymond A. Leonard, Leonard & Lyde, W. Lee Pope, Wycoff, Parker, Boyle & Pope, Sherman C. Wilke, Wilke, Fleury, Sapunor & Hoffelt and Russell Bruno as Amici Curiae on behalf of Defendant and Appellant.

William Shannon Parrish and George Hauer for Plaintiff and Respondent.

Hillel Chodos, Robert E. Cartwright, Edward I. Pollock, Theodore A. Horn, Marvin E. Lewis, William H. Lally, Joseph W. Cotchett, Herbert Hafif and Leonard Sacks as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

MOSK, J.

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...

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