TRUMAN v. THOMAS

Docket No. S.F. 24054.

27 Cal.3d 285 (1980)

611 P.2d 902

165 Cal. Rptr. 308

GARY L. TRUMAN, JR., a Minor, etc., et al., Plaintiffs and Appellants, v. CLAUDE R. THOMAS, Defendant and Respondent.

Supreme Court of California.

June 9, 1980.


Attorney(s) appearing for the Case

COUNSEL

Werchick & Werchick and Arne Werchick for Plaintiffs and Appellants.

Leonard & Lyde and Gary L. Gregerson, Gerald Hermansen and Charles Bond for Defendant and Respondent.

Claude H. Smart, Jr., Lowell T. Carruth, Peter W. Davis, Judith R. Epstein, Crosby, Heafey, Roach & May, Hassard, Bonnington, Rogers & Huber, Howard Hassard, David E. Willett and Nancy E. Hudgins as Amici Curiae on behalf of Defendant and Respondent.


OPINION

BIRD, C.J.

This court must decide whether a physician's failure to inform a patient of the material risks of not consenting to a recommended pap smear, so that the patient might make an informed choice, may have breached the physician's duty of due care to his patient, who died from cancer of the cervix.

I

Respondent, Dr. Claude R. Thomas, is a family physician engaged in a general medical practice. He was...

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