What is the test for section 2396 of the California Medical Code on medical malpractice?
California, United States of America
The following excerpt is from Starnes v. Nucho, B270107 (Cal. App. 2017):
The legislative purpose embodied in section 2396 is to encourage doctors to render emergency medical assistance to persons in need of such care. (Kearns v. Superior Court (1988) 204 Cal.App.3d 1325, 1328.) "The legislative purpose is best effectuated by discouraging even the commencement of an action against a health care professional who has rendered emergency medical assistance." (Ibid.)
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