HISER v. RANDOLPH

No. 1 CA-CIV 4303.

126 Ariz. 608 (1980)

617 P.2d 774

H. Louis HISER, Individually as surviving spouse of Bonita Kae Hiser, deceased, on behalf of himself and the minor child of Mr. and Mrs. Hiser, Plaintiff-Appellant, v. W. Alan RANDOLPH and Karin C. Randolph, husband and wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department C.

Rehearing Denied September 9, 1980.

Review Denied September 23, 1980.


Attorney(s) appearing for the Case

Paul G. Rees, Jr., Tucson, for appellant.

Weyl, Guyer, MacBan & Olson, by K.C. Weyl and Thomas G. Bakker, Phoenix, for appellees.


OPINION

JACOBSON, Judge.

In this medical malpractice case, two issues are presented for resolution: (1) Whether a physician paid by a hospital to render emergency room services has a duty to render care to anyone presenting themselves to the hospital for emergency care; and (2) under the facts presented here, whether plaintiff has raised a factual issue that proximate cause exists between the failure to render care and the subsequent death of the patient....

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