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Cobbs v. Grant

Supreme Court of California
502 P.2d 1 (1972)


Facts

Cobbs (plaintiff) had a stomach ulcer. Dr. Dudley Grant (defendant) told Cobbs that he needed to undergo surgery. Grant discussed the nature of the surgery with Cobbs but did not inform Cobbs about any of the risks associated with the surgery, including spleen injuries and subsequent ulcers. Cobbs underwent the surgery to remove the ulcer, but the surgery resulted in two additional surgeries, one to remove Cobbs’s spleen and one to remove part of Cobbs’s stomach due to an additional ulcer. Cobbs brought a medical-malpractice suit against Grant. The trial court framed its jury instructions in terms of technical battery, rather than negligence. The jury found in favor of Cobbs. Grant appealed.

Rule of Law

Issue

Holding and Reasoning (Mosk, J.)

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