CACI No. 515. Duty of Hospital to Provide Safe Environment

Judicial Council of California Civil Jury Instructions (2023 edition)

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515.Duty of Hospital to Provide Safe Environment
If [name of defendant hospital] knew or reasonably should have known it
was likely that [name of patient] would harm [himself/herself/nonbinary
pronoun/another], then [name of defendant hospital] had to use reasonable
care to prevent such harm.
New September 2003
Directions for Use
Always read CACI No. 514, Duty of Hospital, in conjunction with this instruction.
Sources and Authority
• “When a patient is admitted into the care of a hospital, the hospital must
exercise reasonable care to protect that patient from harm.” (Walker v. Sonora
Regional Medical Center (2012) 202 Cal.App.4th 948, 959 [135 Cal.Rptr.3d
876].)
• “[T]he duty extends to safeguarding the patient from dangers due to mental
incapacity; and where the hospital has notice or knowledge of facts from which
it might reasonably be concluded that a patient would be likely to harm himself
or others unless preclusive measures were taken, then the hospital must use
reasonable care in the circumstances to prevent such harm.” (Vistica v.
Presbyterian Hospital & Medical Center, Inc. (1967) 67 Cal.2d 465, 469 [62
Cal.Rptr. 577, 432 P.2d 193].)
• “If those charged with the care and treatment of a mentally disturbed patient
know of facts from which they could reasonably conclude that the patient would
be likely to harm himself in the absence of preclusive measures, then they must
use reasonable care under the circumstances to prevent such harm.” (Meier v.
Ross General Hospital (1968) 69 Cal.2d 420, 424 [71 Cal.Rptr. 903, 445 P.2d
519].)
• “A rule more fitting to the facts of this case is expressed in Wood v. Samaritan
Institution (1945) 26 Cal.2d 847 [161 P.2d 556], where the California Supreme
Court held hospitals have a duty to be especially protective of their alcoholic
patients.” (Emerick v. Raleigh Hills Hospital (1982) 133 Cal.App.3d 575, 581
[184 Cal.Rptr. 92].)
Secondary Sources
6 Witkin, Summary of California Law (11th ed. 2017) Torts, §§ 1120-1123
California Tort Guide (Cont.Ed.Bar 3d ed.) §§ 9.55-9.62
3 Levy et al., California Torts, Ch. 31, Liability of Physicians and Other Medical
Practitioners, § 31.81 (Matthew Bender)
25 California Forms of Pleading and Practice, Ch. 295, Hospitals, § 295.13
(Matthew Bender)
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