Vandi

In this medical malpractice action we consider and reject the claim that the physician had a duty to inform his patient of a diagnostic test which, in the physician’s professional judgment, was not medically indicated.

Plaintiff Daniel S. Vandi appeals from a judgment entered on a jury verdict in favor of defendants Permanente Medical Group, Inc., (Permanente) and Daniel Field, M.D. Plaintiff’s claim is based upon the failure of Dr. Field and other Permanente physicians to perform a diagnostic procedure known as a C.T. (computerized tomography) scan after he suffered a seizure. The jury found by special verdict that neither Dr. Field nor any other Permanente physician was negligent in failing to perform a C.T. scan. On appeal plaintiff contends that the trial court erred in refusing to instruct the jury that defendants could be held liable for failing to disclose to him information concerning C.T. scans and the availability of this procedure. Under the circumstances presented we find no error and shall affirm the judgment.

Facts

Plaintiff was employed as a nurse anesthetist at Kaiser Hospital. On Saturday, September 19, 1987, plaintiff was in the operating room…