What is the test for determining whether a person can be held liable for negligence in a medical malpractice case?
The following excerpt is from Chowchilla Elementary Sch. Dist. v. Ikon Office Solutions Inc, No. 1:10-cv-01603 OWW SMS (E.D. Cal. 2011):
(1) the extent to which the transaction was intended to affect the plaintiff, (2) the foreseeability of harm to the plaintiff, (3) the degree of certainty that the plaintiff suffered injury, (4) the closeness of the connection between the defendant's conduct and the injury suffered, (5) the moral blame attached to the defendant's conduct and (6) the policy of preventing future harm.
J'Aire Corp v. Gregory, 24 Cal.3d 799, 804, 157 Cal.Rptr. 407 (1979).
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