Recent Wins

Mar 25, 2011 Martin Stein Healthcare Law
Court of Appeal holds that hospitals do not owe patients a duty to obtain informed consent

Do v. San Leandro Hospital (2011) 2011 Cal.App. Unpub. LEXIS 2264 (California Court of Appeal, First Appellate District, Division Five) [unpublished]. The Court of Appeal affirmed the trial court’s order sustaining a demurrer in favor of GMSR’s client, San Leandro Hospital. Plaintiff asserted claims against the hospital for fraud and battery, alleging that it had conspired with his doctors to dupe him into having corrective hernia surgery. The Court of Appeal held that a hospital—unlike a physician—does not owe a duty to obtain a patient’s informed consent before surgery.