West Headnote of the Day – March 22, 2010

March 22, 2010

West's Key 198H Health
West's Key 198HVI Consent of Patient and Substituted Judgment
West's Key 198Hk904 Consent of Patient
West's Key 198Hk906 k. Informed Consent in General; Duty to Disclose.

Patient stated cause of action for breach of fiduciary duty or lack of informed consent based upon allegations that physician concealed his economic interest in postsplenectomy takings of blood and other samples for use in research when physician failed to disclose that he had begun to investigate and initiate procedures for obtaining patent on cell line developed from patient’s cells.
Moore v. Regents of Univ. of California, 793 P.2d 479 (Cal. 1990)

Suggested by Nicholas Phillips, University of Baltimore School of Law; Baltimore, MD

198H Health