Stevens v. Superior Court

Opinion

WOODS, P. J.

This proceeding in mandate presents the question whether a cause of action for fraud and deceit against a hospital is pleaded by factual allegations that the hospital intentionally concealed from the plaintiff and all other patients that foreign physicians, unlicensed to practice medicine in California, were authorized by the hospital to function as hospital staff physicians and surgeons on a daily basis without the supervision required by statute.

For the reasons discussed hereafter, we conclude that such alleged concealment of material fact and resulting injury may state a…