What is plaintiff's theory in pleading second cause of action in a medical malpractice case?
California, United States of America
The following excerpt is from Pulvers v. Kaiser Foundation Health Plan, Inc., 160 Cal.Rptr. 392, 99 Cal.App.3d 560 (Cal. App. 1979):
It was plaintiff's theory in pleading the second cause of action that, by representing in their literature that they would provide "high standards" of medical service, they had warranted a standard higher than nonnegligence. They thus rely on our language in Depenbrok v. Kaiser Foundation Health Plan (1978) 79 Cal.App.3d 167 at p. 171, 144 Cal.Rptr. 724 at p. 726, reading as follows:
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