What is the test for an employee to be found guilty of negligence in a medical malpractice case?

MultiRegion, United States of America

The following excerpt is from Bernard v. Maersk Lines, Ltd., 1994 A.M.C. 1663, 22 F.3d 903 (9th Cir. 1994):

Walker v. Lykes Bros., 193 F.2d 772, 773 (2d Cir.1952). "The theory [behind the rule] apparently is that a momentary inattention to one's own safety ... should not be treated as so serious a fault as the breach of a duty assumed by the employee for the protection of others, although incidentally it is for his own benefit too." Id. at 774.

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