Can a plaintiff plead negligence in a claim for medical negligence?

California, United States of America


The following excerpt is from Swain v. California Cas. Ins. Co., 120 Cal.Rptr.2d 808, 99 Cal.App.4th 1 (Cal. App. 2002):

to a complaint otherwise devoid of facts giving rise to a potential for covered liability. (See Michaelian v. State Comp. Ins. Fund (1996) 50 Cal.App.4th 1093, 1107, 58 Cal.Rptr.2d 133, quoting the trial court [pleading of negligence did not alter coverage analysis where gravamen of claim was sexual harassment; "`[t]he pleading of alternative

[99 Cal.App.4th 9]

legal theories of liability does not alter the nature of the conduct which forms the basis for the complaint.'"].)

Other Questions


Can a plaintiff bring a claim against an executor for injuries sustained by his wife as a result of negligent medical treatment? (California, United States of America)
Does a modification to plaintiff's liability in a medical malpractice case alter plaintiff's claim for personal injury? (California, United States of America)
Does a medical malpractice plaintiff have a need for protection in a medical negligence case? (California, United States of America)
Does a plaintiff have any claim of error as to the disposition of her claims for breach of contract and gross negligence? (California, United States of America)
What is the test for a motion for judgment on the pleadings of a plaintiff who failed to file a timely claim under the Government Claims Act? (California, United States of America)
Can a plaintiff in a common-law negligence action against three other parties claim damages for common law negligence? (California, United States of America)
When will a plaintiff be able to bring a claim for damages in negligence? (California, United States of America)
What is the legal duty of a plaintiff in a claim for damages arising out of negligence? (California, United States of America)
What is the test for determining whether a plaintiff has a valid claim against a defendant who is not a plaintiff? (California, United States of America)
Is a plaintiff entitled to claim damages from a negligent driver who causes injury to the owner of the vehicle? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.