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

California, United States of America


The following excerpt is from Lehmuth v. Long Beach Unified School Dist., 2 Cal.Rptr. 279, 348 P.2d 887, 53 Cal.2d 544 (Cal. 1960):

[348 P.2d 893] It was not necessary to prove that the very injury which occurred must have been foreseeable by the school authorities in order to establish that their failure to provide the necessary safeguards constituted negligence. Their negligence is established if a reasonably prudent person would foresee that injury of the same general type would be likely to happen in the absence of such safeguards. (Taylor v. Oakland Scavenger Co., 17 Cal.2d 594, 600(5), 110 P.2d 1044.)

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