What is the test for wrongful conduct in a medical malpractice case?
California, United States of America
The following excerpt is from Spratley v. Winchell Donut House, Inc., 188 Cal.App.3d 1408, 234 Cal.Rptr. 121 (Cal. App. 1987):
Contrary to the majority's assertion, the pivotal issue is not when the injury occurred, but whether the wrongful conduct from which the injury flowed occurred in the work place and is of the type that is normally expected [188 Cal.App.3d 1418] to occur there. (Cole v. Fair Oaks Fire Protection District (1987) 43 Cal.3d 148, 233 Cal.Rptr. 308, 729 P.2d 743.)
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