What is the test for an employee to be found liable for negligence in a medical malpractice case?

For immunity to apply, Yeager must show he "actually render[ed] a considered decision," and must show that "in deciding to perform (or not perform) the act which led to [the] plaintiff's injury, [the employee] consciously exercised discretion in the sense of assuming certain risks in order to gain other policy objectives." Lopez v. So. Cal. Rapid Transit Dist. , 40 Cal. 3d 780, 794, 221 Cal.Rptr. 840, 710 P.2d 907 (1985)

[305 F.Supp.3d 1131]