What is the test for determining whether an operating surgeon can be found to be liable for negligence in a medical malpractice case?
California, United States of America
The following excerpt is from Bryant v. Bakshandeh, 226 Cal.App.3d 1241, 277 Cal.Rptr. 379 (Cal. App. 1991):
The trial court apparently based its finding of immunity on the conclusion of the reviewing court in Kearns v. Superior Court, supra, 204 Cal.App.3d at page 1325, 252 Cal.Rptr. 4, that "when the operating surgeon determines that an unforeseen complexity creates the medical necessity to obtain assistance to complete ongoing surgery in order to protect the health of the patient, an emergency exists within the
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