FLOWERS v. TORRANCE MEMORIAL HOSPITAL MEDICAL CENTER

Docket No. S033331.

8 Cal.4th 992 (1994)

884 P.2d 142

35 Cal. Rptr.2d 685

DARLENE FLOWERS, Plaintiff and Appellant, v. TORRANCE MEMORIAL HOSPITAL MEDICAL CENTER et al., Defendants and Respondents.

Supreme Court of California.

December 5, 1994.


Attorney(s) appearing for the Case

COUNSEL

Gittler & Wexler, Gittler, Wexler & Bradford, Harlan L. Bransky, Robert M. Moss and Ronald P. Kaplan for Plaintiff and Appellant.

Robert R. Huskinson, Horvitz & Levy, David M. Axelrad, S. Thomas Todd and David S. Ettinger for Defendants and Respondents.

Catherine I. Hanson and Gregory M. Abrams as Amici Curiae on behalf of Defendants and Respondents.


OPINION

ARABIAN, J.

In this case, we consider the distinction between "ordinary" and "professional" negligence and conclude that with respect to questions of substantive law they comprise essentially one form of action. Apart from statutory considerations, characterizing misfeasance as one type of negligence or the other generally only serves to define the standard of care applicable to the defendant's conduct. Accordingly, we reverse...

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