How have courts interpreted the defense of necessity in the context of medical malpractice cases?
California, United States of America
The following excerpt is from People v. Yun, B235694 (Cal. App. 2013):
enforcement on his side." (People v. Miceli (2002) 104 Cal.App.4th 256, 268.) Thus, "'[t]he defense of necessity is inappropriate where it would encourage rather than deter [lawbreaking]. [Lawbreaking] justified in the name of preempting some future, necessarily speculative threat to life is the greater, not the lesser evil.'" (Ibid.)
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