What is the test for a challenged condition in a medical malpractice case?
California, United States of America
The following excerpt is from People v. Juan R. (In re Juan R.), A142715 (Cal. App. 2015):
The People again concede that a knowledge element should be added. (See People v. Rodriguez, supra, 222 Cal.App.4th at pp. 593-594 [explicit knowledge requirement added to cure vagueness of "intoxicants"].) Accordingly, we will modify the challenged condition to read: "Do not knowingly use or possess narcotics, drugs, other controlled substances, related paraphernalia or poisons unless prescribed by a physician."
Page 11
"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
Does section 2337 of the Medical Association's Medical Licence Review Guidelines apply to a medical malpractice case? (California, United States of America)
What is the test for objecting to a condition in a medical malpractice case? (California, United States of America)
What is the effect of section 2(2) of the California Medical Terminations Act on medical malpractice cases? (California, United States of America)
How has section 855.4 of the California Medical Code been interpreted in the context of medical malpractice cases? (California, United States of America)
What is the state of the law in cases involving medical malpractice cases? (California, United States of America)
Is there any case law supporting the probability of negligence in medical malpractice cases? (California, United States of America)
Is there any case law where an evidentiary privilege has been applied in the context 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)
In a motion to suppress evidence in a medical malpractice case, has a recommending physician ever been allowed to attach a statement recommending marijuana for medical purposes? (California, United States of America)
What is the test for challenging an instruction in a medical malpractice case? (California, United States of America)
