How have courts interpreted the doctrine of sovereign immunity in a medical malpractice case?
California, United States of America
The following excerpt is from Shakespeare v. City of Pasadena, 230 Cal.App.2d 375, 40 Cal.Rptr. 863 (Cal. App. 1964):
Appellant relies on the decision in Muskopf v. Corning Hospital District, supra (1961) 55 Cal.2d 211, 11 Cal.Rptr. 89, 359 P.2d 457, as changing the rule of the cited cases. However, the opinion in that case expressly excluded cases such as this from the rejection of the general doctrine of sovereign immunity therein laid down. The court said, at pages 220-221, 11 Cal.Rptr. at pages 94-95, 359 P.2d at pages 462-463:
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