Tunkl v. Regents of the University of California
Supreme Court of California
383 P.2d 441 (1963)
Relevant factsFree
Tunkl (plaintiff), admitted to the Regents' (defendant) medical center for a research project while in pain and under sedation, signed an admission document releasing the Regents from employee negligence liability; his malpractice suit was barred at trial based on the jury's finding the release was valid.
IssueFree
Whether a hospital may use an exculpatory clause to bar a patient's medical malpractice action if it provides services in the public interest and possesses superior bargaining strength.