Salgo v. Leland Stanford Jr. University Board of Trustees

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Salgo v. Leland Stanford Jr. University Board of Trustees is a landmark legal case in the field of medical law and medical ethics, which established the principle of informed consent in the United States. The case was decided in 1957 by the California Court of Appeal and has had a profound impact on the doctor-patient relationship and the standards of practice within the medical community.

Background

The plaintiff, Martin Salgo, was a patient who underwent a diagnostic procedure known as a translumbar aortography at Stanford University Hospital, which was operated by the Leland Stanford Jr. University Board of Trustees. During the procedure, Salgo became paralyzed from the waist down. Salgo claimed that he had not been informed of the risks associated with the procedure, including the risk of paralysis, and thus could not have given informed consent to the procedure.

Case

The case, Salgo v. Leland Stanford Jr. University Board of Trustees, was brought before the California Court of Appeal, where the key issue was whether or not Salgo had been adequately informed about the procedure and its potential risks before it was performed. The court found in favor of Salgo, establishing that a physician has a duty to disclose all significant medical information to a patient that could influence the patient's decision about whether or not to undergo a medical procedure.

Impact

The Salgo case is significant for its introduction of the term "informed consent" into legal and medical terminology. The ruling emphasized that it is not sufficient for a physician to merely obtain the patient's consent to proceed with a treatment or procedure; the consent must be "informed," meaning that the patient understands the nature of the procedure, the risks involved, the likelihood of success, and any alternative treatments available.

This case has influenced the development of laws and regulations regarding informed consent, making it a fundamental ethical and legal requirement in the practice of medicine. It has led to more transparent communication between physicians and patients, ensuring that patients are able to make informed decisions about their healthcare.

See Also

• Medical ethics
• Informed consent
• Patient rights
• Medical law