What is the effect of section 2(2) of the California Medical Terminations Act on medical malpractice cases?

California, United States of America


The following excerpt is from Kearns v. Superior Court, 204 Cal.App.3d 1325, 252 Cal.Rptr. 4 (Cal. App. 1988):

The legislative purpose underlying both sections is to induce physicians to render medical assistance to persons in need of such care. (Colby v. Schwartz (1978) 78 Cal.App.3d 885, 891, 144 Cal.Rptr. 624.) 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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