Legal Question in Medical Malpractice in California

A doctor who was trained in endocrinology failed to disclose that he maintained an anti-aging medical practice consisting primarily of a a required diet plan and lifestyle advice, which was in conflict with the patient's disclosed medical condition (potentially life threatening) and was properly disclosed to the doctor prior to the consultation. The nature of the doctor's medical practice including his required diet plan was not revealed to the patient until an exorbitant fee was paid out of pocket to the doctor. In this case, does informed consent apply and if so, under which cause of action would it fall?


Asked on 11/15/11, 1:47 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

That does not appear to be an informed consent matter. Informed consent means you were told about what was going to be done and you agreed to it. You should have asked him what his practice was at the very beginning of the visit, and he should have told you once he was aware of your condition that it was not within his normal practice. I find it hard to believe that there are not more relevant facts to the matter. Speak to him and offer to pay a portion of the fee because he should have known not to see you. But I can not believe you could have had a conversation of more than a few minutes before it was clear you were at the wrong type of physician. You can speak to the local medical board but your story just does not make sense.

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Answered on 11/15/11, 11:11 pm


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