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.
Related cases
O'Callaghan v. Waller & Beckwith Realty Co.155 N.E.2d 545 (1958)Broemmer v. Abortion Services of Phoenix840 P.2d 1013 (Ariz. 1992)Valley Medical Specialists v. Farber982 P.2d 1277 (1999)Sisters of St. Joseph of Peace, Health, and Hospital Services v. Russell867 P.2d 1377 (1994)State of New Mexico ex rel. King v. B&B Investment Group, Inc.329 P.3d 658 (2014)