Warranty

In malpractice, actions against physicians are normally based on negligence, but in certain circumstances the plaintiff can bring his action on the basis of a warranty. A warranty arises if the physician promises or seems to promise that the medical procedure to be used is safe or will be elective. One of the advantages to bringing an action on warranty grounds, rather than for negligence, is that the statute of limitations is usually longer. A warranty action may be brought and maintained if there is an express warranty offered by the physician to the patient.


 


Posted

in

by

Tags: