It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death lawsuit and its proceedings.)
CMC Is Liable for the Decedent’s Death Resulting from the Errors and Omissions of Medical Personnel
A hospital, whether private or charitable, is liable for the torts and negligence of its employees, including physicians, under the theory of respondeat superior. Czubinsky v. Doctors Hospital ( 1983) 139 Cal. App. 3d 361; and Elam v. College Park Hospital (1982) 132 Cal. App. 3d 332. A hospital is negligent if it does not use reasonable care toward its patients. It is the duty of any hospital that undertakes the treatment of an ill or wounded person to use reasonable care and diligence not only in operating upon and treating but also in safeguarding him, and such care and diligence is measured by the capacity of the patient to care for himself. Valentin v. La Societe Francaise de Bienfaisance Mutuelle (1946) 76 Cal.App.2d 1,4.
Negligence “is conduct which falls below the standard established by law for the protection of others against an unreasonable risk of harm.” (Rest. 2d Torts, §282.) Defendants were required to exercise the care that a person of ordinary prudence would exercise under the circumstances.’ (Citations omitted) Because application of this principle is inherently situational, the amount of care deemed reasonable in any particular case will vary, while at the same time the standard of conduct itself remains constant, i.e., due care commensurate with the risk posed by the conduct taking into consideration all relevant circumstances.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Flowers v. Memorial Hospital Medical Center (1994) 8 Cal. 4 th 992,997, citing Dalzell v. County of Los Angeles (1948) 88 Cal. App. 2d, 271, 276; Lasater v. Oakland Scavenger Co. (1945) 71 Cal. App. 2d 217, 221; and Ybarra v. Spangard (1944) 25 Cal. 2d 486, 492. (See Part 7 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.