Can a defendant be held liable for negligence in a medical malpractice case against a veterinarian?
California, United States of America
The following excerpt is from Cohen v. McIntyre, 16 Cal.App.4th 650, 20 Cal.Rptr.2d 143 (Cal. App. 1993):
4 Likewise, no duty on the part of defendant can be predicated on Civil Code section 3342, the "dog bite statute," since the statute was designed to protect persons from being bitten in public places, not to protect veterinarians administering treatment in the privacy of their offices. (See Davis v. Gaschler (1992) 11 Cal.App.4th 1392, 1399, 14 Cal.Rptr.2d 679.)
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