What is the state of the law on strict liability in medical malpractice cases?

California, United States of America


The following excerpt is from Murphy v. E.R. Squibb & Sons, Inc., 156 Cal.App.3d 589, 202 Cal.Rptr. 802 (Cal. App. 1984):

The foregoing cases illustrate a manifest reluctance by the courts to extend strict liability to parties offering or involving medical treatment or services. Moreover, where a few courts have seemingly been inclined towards extending strict liability, they have followed a more traditional approach in deferring to said concept as a legislative function. (See Hoven v. Kelble, supra, 79 Wis.2d 444, 256 N.W.2d 379, 392.)

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