Does a defendant have to be held liable in a supervisory capacity in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from Gaines v. Diaz, Case No. 1:13-cv-01478-MJS (PC) (E.D. Cal. 2014):
mere fact they may have supervised the individuals allegedly responsible for a violation is not enough. A defendant may only be held liable in a supervisory capacity if he or she "participated in or directed the violations, or knew of the violations and failed to act to prevent them." Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989).
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