Is there any case law supporting the majority's position that medical malpractice is not a crime against the medical profession?

California, United States of America


The following excerpt is from Miller v. Eisenhower Medical Center, 158 Cal.Rptr. 614, 97 Cal.App.3d 193 (Cal. App. 1979):

Cursory analysis of Rosner v. Eden Township Hospital Dist., supra, does lend some support to the majority's position. However, more detailed analysis discloses that it is not controlling. There the governing instruments provided "that an applicant for membership shall submit proof of worthiness of character, excellence of reputation as to professional ethics, and general suitability for hospital practice, and that the credentials committee in investigating the

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