What is the test for giving notice of an absence due to medical malpractice?

California, United States of America


The following excerpt is from In re Emily R. & Kern Cnty. Dept. of Human Serv. V. Michael U., 80 Cal.App.4th 1344, 96 Cal.Rptr.2d 285 (Cal. App. 2000):

"But when notice is a person's due, process which is a mere gesture is not due process. The means employed must be such as one desirous of actually informing the absentee might reasonably adopt to accomplish it. The reasonableness and hence the constitutional validity of any chosen method may be defended on the ground that it is in itself reasonably certain to inform those affected, [citations], or, where conditions do not reasonably permit such notice, that the form chosen is not substantially less likely to bring home notice than other of the feasible and customary substitutes." (Mullane v. Central Hanover Tr. Co., supra, 339 U.S. at p. 315.)

Other Questions


How have courts treated medical malpractice in the context of medical malpractices? (California, United States of America)
Does section 2383 of the California Medical Code, section 490 of the Medical Licence Act, apply to medical malpractice? (California, United States of America)
Does section 2337 of the Medical Association's Medical Licence Review Guidelines apply to a medical malpractice case? (California, United States of America)
Can a medical malpractice claim in an arbitration proceeding be considered "medical malpractice"? (California, United States of America)
What is the burden of appealing against a recommendation made by the California Medical Board on medical malpractice? (California, United States of America)
When will an expert be allowed to give evidence in a medical malpractice case? (California, United States of America)
In a motion to suppress evidence in a medical malpractice case, has a recommending physician ever been allowed to attach a statement recommending marijuana for medical purposes? (California, United States of America)
Is an expert who provides emergency medical services in an emergency room qualified to testify in a medical malpractice action? (California, United States of America)
What is the effect of section 2(2) of the California Medical Terminations Act on medical malpractice cases? (California, United States of America)
What is the effect of the Medical Licensing Reform Act on medical malpractice? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.