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eBook details

• Title: Hundley V. St. Francis Hospital
• Author : First Appellate District, Division Two District Court Of Appeal Of California
• Release Date : January 03, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

The complaint upon which this action went to trial alleged that defendant doctor "without the knowledge and consent" of plaintiff operated upon and treated her in "an unnecessary, careless and negligent manner." The evidence makes clear that plaintiff relied upon the claimed "negligent and careless" manner of operation, i.e., malpractice, as well as upon the allegation that the surgery was performed without consent and was unnecessary. In this latter respect, the basis of the claim was technically battery. (Valdez v. Percy, 35 Cal. App. 2d 485, 491 [96 P.2d 142].) It is clear that there was a failure to state separately two causes of action, but since no demurrer upon this ground was filed the point need not be considered here. The action was consolidated for trial with one against a hospital. Jury verdict was in favor of the hospital, and plaintiff does not appeal. In the

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