Is a failure to warn after actual knowledge malpractice?
California, United States of America
The following excerpt is from Hedlund v. Superior Court, 194 Cal.Rptr. 805, 34 Cal.3d 695, 669 P.2d 41 (Cal. 1983):
The question then arises as to whether the failure to warn after actual knowledge is malpractice or simple negligence. Since it is not the medical care or treatment of a patient that is involved, but a species of civilian duty that has arisen to a third party, the acts or omissions of the doctors are [669 P.2d 50] not malpractice, but simple negligence. I agree with Tresemer v. Barke (1978) 86
Page 814
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the actual knowledge standard for inference in a medical malpractice case? (California, United States of America)
Does the failure of the defense to introduce material evidence at trial constitute failure to testify? (California, United States of America)
What is the test for determining whether a plaintiff in a legal malpractice case has sustained actual injury? (California, United States of America)
Is a defendant's failure to object below forfeited the issue of an instruction in a medical malpractice case? (California, United States of America)
Is a plaintiff's failure to object to the testimony of an expert in a medical malpractice case a strike? (California, United States of America)
What is the test for whether a defendant has actual knowledge of his duty to register as a sex offender? (California, United States of America)
Can a plaintiff be held liable for failing to acquire knowledge of the facts of a medical malpractice case? (California, United States of America)
Can a medical malpractice claim in an arbitration proceeding be considered "medical malpractice"? (California, United States of America)
Does an employer have "actual knowledge" of dangerous equipment used by a contractor? (California, United States of America)
What is the "actual knowledge" and "willfulness" elements required for a conviction for failing to register? (California, United States of America)
