What is the test for medical malpractice in the context of syphilis cases?

California, United States of America


The following excerpt is from Thing v. La Chusa, 257 Cal.Rptr. 865, 48 Cal.3d 644, 771 P.2d 814 (Cal. 1989):

Some big guns are leveled at Molien v. Kaiser Foundation Hospitals (1980) 27 Cal.3d 916, 167 Cal.Rptr. 831, 616 P.2d 813, but they miss the target because of misunderstanding the relevant facts in Molien. After giving the wife a physical examination defendant incorrectly and negligently diagnosed her as having syphilis. As a consequence she was [48 Cal.3d 679] directed by the physician to require her husband to undergo physical tests to ascertain if he was the source of her purported infection. Those negligent acts by the physician as to both husband and wife were clearly physical in nature.

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