What is the test for a plaintiff to recover damages from a defendant in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from C. Pappas Co., Inc. v. E. & J. GALLO WINERY, 610 F. Supp. 662 (E.D. Cal. 1985):
A careful reading of the seminal decision of Buckaloo v. Johnson, 14 Cal.3d 815, 122 Cal.Rptr. 745, 537 P.2d 865 (1975), clearly demonstrates the level of knowledge that must be possessed by a defendant, as well as the defendant's state of mind that must be proven by the plaintiff before the plaintiff may be entitled to recover on this theory.
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