Answer FileMedical Malpractice

What is informed consent in California medical care?

The answer, cited

A physician's duty to disclose the risks, benefits, and alternatives that a reasonable patient would need to make an intelligent decision about treatment. The California Supreme Court set that patient-centered standard in Cobbs v. Grant (1972) 8 Cal.3d 229; nondisclosure of a material risk that then occurs can create liability even for a well-performed procedure.

California measures informed consent from the patient's side of the conversation. Under Cobbs v. Grant (1972) 8 Cal.3d 229, a physician must disclose the information a reasonable person in the patient's position would want (the significant risks of the proposed treatment, the alternatives including doing nothing, and their risks), rather than merely what other doctors customarily say. Performing a procedure competently does not cure a consent failure: if an undisclosed material risk materializes, the physician can be liable, though the patient must also show a reasonable person, properly informed, would have declined the treatment. Exceptions cover genuine emergencies and risks commonly understood. Proceeding with no consent at all, or with a substantially different procedure than authorized, can be battery rather than negligence, a distinction with its own limitations rules. Signed consent forms are evidence of disclosure, not immunity. Claims follow the malpractice deadlines of Code of Civil Procedure section 340.5 and the MICRA cap of Civil Code section 3333.2.

Authority: Cobbs v. Grant (1972) 8 Cal.3d 229

Source: Cobbs v. Grant (1972) 8 Cal.3d 229 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

More from this answer file

Medical Malpractice attorneys on the registry

Nandini B. Kumar

Business Law · Fremont

Bar #367667 · Admitted 2026

Identity verified

Gregory L. Martin

Bankruptcy · Sacramento

Bar #243746 · Admitted 2006

Identity verified

Michael Perry

Bankruptcy · London

Bar #362856 · Admitted 2025

Identity verified

Florence Birungi

Business Law · Concord

Bar #356056 · Admitted 2024

Identity verified

Rodney Gi

Civil Rights · Los Angeles

Bar #268687 · Admitted 2010

Official record

Mark R. Gibson

Litigation · Novato

Bar #212222 · Admitted 2001

Official record

Thomas Lewis Gill

Criminal Defense · Vallejo

Bar #61266 · Admitted 1974

Official record

Explore medical malpractice attorneys

Browse attorneys →

Have a medical malpractice matter? Submit your case for review.

Open a free case file, choose how attorneys may contact you, and review any terms they send. You decide whom to contact and whether to proceed.

In the last 30 days attorneys have read 1 filed matter on the registry.

Submit your case for review

Legal information, not legal advice · The AI reception identifies itself

If cost is the concern

Court self-help, legal-aid organizations and attorney-stated fee options, with source links. No account or case submission is needed to use them.

Free and low-cost help in California

Read the record. Then decide.

Describe your matter once, review the verified records, and place the call; the choice is always yours.

Find Your Counsel

278,688 attorneys · 58 counties · Official State Bar records