What is the test for section 1799.110 of the California Medical Code on medical malpractice claims against an emergency room physician?

California, United States of America


The following excerpt is from SIGAla v. Goldfarb, 217 Cal.App.3d 658, 266 Cal.Rptr. 96 (Cal. App. 1990):

The purpose of section 1799.110 is to encourage the provision of emergency medical care by preventing malpractice claims based on the assertion that an emergency room physician fell below the standard of care which could have been provided by a specialist in the particular field acting under nonemergency conditions. (Jutzi v. County of Los Angeles, supra, 196 Cal.App.3d at p. 651, 242 Cal.Rptr. 74.)

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