What is the test for determining whether a duty of care existed in a medical malpractice case?
California, United States of America
The following excerpt is from Barenborg v. Fraternity, 244 Cal.Rptr.3d 680, 33 Cal.App.5th 70 (Cal. App. 2019):
Regents , supra , 4 Cal.5th at p. 618, 230 Cal.Rptr.3d 415, 413 P.3d 656.) Whether a duty of care existed is a question of law, and thus "particularly amenable to resolution by summary judgment." ( Parsons v. Crown Disposal Co. (1997) 15 Cal.4th 456, 465, 63 Cal.Rptr.2d 291, 936 P.2d 70.)
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