JOHN MOORE, Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Defendants and Repondents, 51 Cal. 3d 120

Summary

Review was sought of appellate court's decision, which found plaintiff stated cause of action for conversion when defendants used plaintiff's cells in medical research without permission. The court found plaintiff stated cause of action for breach of physician's disclosure obligations. Physicians seeking patient consent for medical procedures must disclose personal interests unrelated to the patient's health that may affect medical judgment. Defendant did not properly disclose personal interests in plaintiff's cells before he operated, thus plaintiff stated cause of action for breach of disclosure obligations. The court reversed and held use of plaintiff's cells without permission did not state conversion cause of action. Plaintiff did not retain ownership interest in cells after they left his body and thus could not assert conversion claim. Conversion should not lie because it would discourage medical research of cells and patients are adequately protected from abuse because of ...