What is the test for foreseeability in medical malpractice cases?
California, United States of America
The following excerpt is from Weirum v. RKO General, Inc., 123 Cal.Rptr. 468, 15 Cal.3d 40, 539 P.2d 36 (Cal. 1975):
While duty is a question of law, foreseeability is a question of fact for the jury. (Wright v. Arcade School Dist. (1964) 230 Cal.App.2d 272, 277, 40 Cal.Rptr. 812.) The verdict in plaintiffs' favor here necessarily embraced a finding that decedent was exposed to a foreseeable risk of harm. It is elementary that our review of this finding is limited to the determination
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