Saturday, May 17, 2014

Truman v. Truman case brief summary

                                                              i.      Patient elected not to have a pap smear test because she couldn’t afford it
                                                            ii.      The physician didn’t disclose the risks of not having the diagnostic procedure
                                                          iii.      He claimed that he didn’t have a duty to disclose the risks once the patient stopped following his advice. I.e. declined the pap smear
                                                          iv.      Patient died
                                                            v.      Cal supreme court disagreed
1.      YES there was a testimony that patient would not undergo the test because of cost or because she didn’t feel like it but the jury could reasonably conclude that Dr. Thomas had a duty to inform Mrs. Truman of the danger of refusing the test because it was not reasonable for Dr. Thomas to assume that Mrs. Truman appreciated the potentially fatal consequences of her conduct.
2.      The rejection of a recommended procedure does not alter the fiducially qualities of the physician-patient relationship, since she still relies on him.

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