Hundley v. St. Francis Hospital

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, the basis of the claim was technically battery. (Valdez v. Percy, 35 Cal.App.2d 485, 491 [96 P.2d 142].) It is clear that there was a…