Morgenroth

Morgenroth v. Pacific Medical Center, Inc.

Good Law
126 Cal. Rptr. 681·1976 Cal. App. LEXIS 1151·54 Cal. App. 3d 521
Court of Appeal of CaliforniaJanuary 20, 1976Civ. 34991California4,733 words

Opinion

Opinion

Taylor, J.

Plaintiff, Charles Morgenroth, appeals from judgments of nonsuit entered at the close of the presentation of his evidence of liability in an action for malpractice against his doctors, A. Selzer, J. Sakai,-W. Kerth and J. Kelly, and the Pacific Medical Center. He contends that pursuant to the recently established rule of Cobbs v. Grant, 8 Cal.3d 229, 244 [ 104 Cal.Rptr. 505 , 502 P.2d 1 ], he did not give an informed consent to the internal mammary visualization procedure that increased the risk of the stroke he suffered during the subsequent procedure of coronary arteriography, to which he consented. He also asserts that he adduced sufficient evidence to go to the jury on additional theories of liability. The case raises a question of proximate cause and whether a causal relationship existed between the physicians’ failure to inform and the injury to Morgenroth, as well as,a question of first impression as to whether the amount of additional information required to be revealed is a matter for expert testimony, as the trial court ruled. For the reasons set forth below, we have concluded that the judgment must be affirmed.

Viewing the record in the light most advantageous…

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