Warren

Defendant and appellant Lawrence Schecter, M.D. (Dr. Schecter) appeals a judgment in favor of plaintiff and respondent Janet Warren (Warren) following a jury trial of a medical malpractice action arising out of a failure to obtain informed consent to surgery.

The issues presented include Warren’s entitlement to calendar preference on appeal, whether her action against Dr. Schecter was time-barred, and the damages recoverable for the failure to obtain informed consent.

We conclude, inter alia: Warren’s medical condition entitles her to calendar preference on appeal (see Code Civ. Proc., § 36; Cal. Rules of Court, rule 19.3); Warren’s action which was filed within one year of the manifestation of the undisclosed complication of bone disease was timely (Code Civ. Proc., § 340.5; Cobbs v. Grant (1972) 8 Cal.3d 229, 240-241 [ 104 Cal.Rptr. 505 , 502 P.2d 1 ]); the trial court properly instructed the jury Warren was required to prove a reasonably prudent person in her position would have refused the surgery if adequately informed of the perils (Cobbs, supra, at p. 245 ; BAJI No. 6.11 (8th ed. 1994)); and Warren is entitled to compensation for all damages proximately resulting…