What constitutes a form of negligence in a medical malpractice case?

California, United States of America


The following excerpt is from Brooks v. Eugene Burger Management Corp., 215 Cal.App.3d 1611, 264 Cal.Rptr. 756 (Cal. App. 1989):

Premises liability is a form of negligence based on the holding in Rowland v. Christian, supra, 69 Cal.2d 108, 70 Cal.Rptr. 97, 443 P.2d 561 and is described as follows: The owner of premises is under a duty to exercise ordinary care in the management of such premises in order to avoid exposing persons to an unreasonable risk of harm. A failure to fulfill this duty is negligence. (BAJI 8.00 (1983 rev.).)

To prevail in its summary judgment motion, defendant must negate at least one of the elements of each cause of action; here, it attempted to negate the elements of duty and proximate cause. The determination that a [215 Cal.App.3d 1620] defendant owed the plaintiff no duty of care is a complete defense to a cause of action for negligence. (Sprecher v. Adamson Companies (1981) 30 Cal.3d 358, 362, 178 Cal.Rptr. 783, 636 P.2d 1121.)

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