What is the test for determining whether a plaintiff has a right to sue a hospital for negligence?
California, United States of America
The following excerpt is from Mahoney v. Hercules Powder Co., 221 Cal.App.2d 353, 34 Cal.Rptr. 468 (Cal. App. 1963):
Relying upon Davis v. Memorial Hospital, 58 Cal.2d 815, 26 Cal.Rptr. 633, 376 P.2d 561, defendant contends that the first condition is incomplete and that the following words which are underlined should be added: 'First, that it is the kind of accident which ordinarily does not occur in the absence of someone's negligence; and that 'someone' is probably the defendant.'
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