Cobbs v. Grant

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 insufficient evidence to support the jury’s verdict under the theory that defendant was negligent during the operation. Since there was a general verdict and we are…