What is the test for assessing the risk reasonably to be perceived in a medical malpractice case?
"New York", United States of America
The following excerpt is from Lacelle v. Hills Dept. Store, 142 Misc.2d 95, 535 N.Y.S.2d 1014 (N.Y. City Ct. 1988):
"... the risk reasonably to be perceived defines the duty to be obeyed, and the risk imports relation; it is risk to another or to others within the range of apprehension ..."
Palsgraf v. L.I.R.R., 248 N.Y. 339, 344, 162 N.E. 99, 100.
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