Smith v. County of Kern

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that public employee is. not immune under section 855.6 where employee’s actions “were taken to facilitate the delivery of medical diagnosis or care”
• finding section 855.6 did not immunize public hospital from liability for negligent failure to test a particular individual’s blood sample to assist in the diagnosis of AIDS
• finding section 855.6 did not immunize public hospital from liability for negligent failure to test a particular individual's blood sample to assist in the diagnosis of AIDS
• allowing plaintiff to file an amended complaint alleging negligent performance by medical personnel in taking blood test for the purpose of assisting patient examination or diagnosis
• “Even if the initial agreement to perform that [blood] test involved an exercise of discretion, the actual performance of the scientific test was not an immune exercise of discretion [under § 820.2].”
• “Even- if- the initial agreement to perform that [blood] test involved an exercise of discretion, the actual performance of the scientific test was not an immune exercise of discretion [under § 820.2].”

Source: CourtListener parenthetical corpus (CC0).