Can a medical malpractice defendant be held liable for breaching an express warranty?
California, United States of America
The following excerpt is from Horton v. Endocare, Inc., B265724 (Cal. App. 2016):
A defendant may be liable for breaching an express warranty where the defendant breaches an "'affirmation of fact or promise'" it made to a purchaser plaintiff that formed "'part of the basis of the bargain'" between them. (Weinstat v. Dentsply Internat., Inc. (2010) 180 Cal.App.4th 1213, 1227 [quoting Cal. U. Com. Code, 2313, subd. (1)(a)].) A patient may sue a medical
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