What is the test for a claim for negligence in a medical malpractice case?

California, United States of America


The following excerpt is from AREI Colonnade 1, LLC v. Stewart Title Guar. Co., A131734 (Cal. App. 2013):

"A complaint in an action for negligence must allege (1) the defendant's legal duty of care towards the plaintiff, (2) the defendant's breach of that duty, (3) injury to the plaintiff as a proximate result of the breach, and (4) damage to the plaintiff. [Citation.] A complaint which lacks facts to show that a duty of care was owed is fatally defective. [Citation.]" (Jones v. Grewe (1987) 189 Cal.App.3d 950, 954.) "[T]he threshold question in an action for negligence is whether the defendant owed the plaintiff a duty to use care [citation], and the '[r]ecognition of a duty to manage business affairs so as to prevent purely economic loss to third parties in their financial transactions is the exception, not the rule, in negligence law' [citation]." (Summit, supra, 27 Cal.4th at p. 715.) "Whether a duty of care exists is a question of law for the court. [Citations.]" (Jones v. Grewe, supra, at p. 954.)

Other Questions


Is there any case law in which a doctor has been found to be negligent or negligent in a medical malpractice case? (California, United States of America)
What is the current state of the law on medical malpractice in medical negligence cases? (California, United States of America)
Does a medical malpractice plaintiff have a need for protection in a medical negligence case? (California, United States of America)
Does the statutory presumption of negligence apply to a professional negligence case outside the context of medical malpractice? (California, United States of America)
What are some cases that support a claim in a medical malpractice case? (California, United States of America)
Does section 2337 of the Medical Association's Medical Licence Review Guidelines apply to 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)
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)
What is the test for personal injury claims in the context of medical malpractice cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.