Legal Question in Medical Malpractice in California

Does violation of informed consent come under a negligence cause of action or something else? And does a patient's right to make informed decisions regarding his/her healthcare only apply to actual treatment received or can it apply to the failure of a physician to disclose the nature and requirements of his costly medical practice, particularly when it is in conflict with a patient's medical needs and condition?


Asked on 11/15/11, 10:44 am

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

Violation of the informed consent requirements is a tort but the type of cause of action depends upon what is actually done. An disclosed touching could be a battery. If you are asking if a physician has to disclose his finances because if he pays a high rent for his office he may charge you more than a physician with low rent, that information is to remote to be covered by HIPPA or any legal cause of action. The Dr. does not have to tell you why he charges as much as he does, just as a department store does not.

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Answered on 11/15/11, 12:17 pm


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