What is the test for a medical malpractice claim against a hospital for failing to provide adequate care for a patient?

California, United States of America


The following excerpt is from Wiggins, v. Royale Convalescent Hospital, 158 Cal.App.3d 914, 206 Cal.Rptr. 2 (Cal. App. 1984):

In Molien, "the risk of harm to plaintiff was reasonably foreseeable to defendants.... [p] ... [T]he alleged tortious conduct of defendant was directed to [her] as well as to [her husband]. Because the risk of harm to [her] was reasonably foreseeable ... defendants owed plaintiff a duty to exercise due care in [attending to] the physical condition of [her husband]." (Molien v. Kaiser Foundation Hospitals, supra, 27 Cal.3d 916, 923, 167 Cal.Rptr. 831, 616 P.2d 813.)

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