Roman

FACTS

In accord with the long-recognized principle that the issues to be addressed on a motion for summary judgment (MSJ) are “framed by the pleadings” (see, e.g., Turner v Anheuser-Busch, Inc. (1994) 7 Cal.4th 1238, 1251), Roman’s complaint alleged the following facts. In February 2011, Roman was diagnosed with prostate cancer by his urologist, Dr. Kassabian. He referred Roman to Dr. Kim, a radiation oncologist affiliated with the Medical Center. Dr. Kim informed Roman of a clinical study treatment known as “CyberKnife Radiosurgery,” telling him that it would not have the side effects commonly associated with traditional radiation treatments. Dr. Kim told Roman that the CyberKnife treatment would involve placing “gold fiducials,” or small “seeds” in Roman’s prostate, a procedure that would be performed by Dr. Kassabian. Roman agreed to the CyberKnife treatment, and signed a written consent form for the treatment.

1 The language of the consent form is discussed in more detail below.

2 On March 7, 2011, Dr. Kassabian performed the procedure to place fiducials into Roman’s prostate. Roman alleged that he received “no anesthesia” during the procedure, and that the procedure…