CLARKE v. HOEK

Docket No. A024548.

174 Cal.App.3d 208 (1985)

219 Cal. Rptr. 845

FRANCES M. CLARKE, Plaintiff and Appellant, v. KENNETH J. HOEK, Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

November 8, 1985.


Attorney(s) appearing for the Case

COUNSEL

Scott D. Righthand and Bostwick & Tehin for Plaintiff and Appellant.

Stuart M. Gordon, Nancy E. Hudgins, Thomas A. Packer, Bradford W. Lomas and Gordon & Rees for Defendant and Respondent.

James E. Ludlam, Musick, Peeler & Garrett, David E. Willett, Catherine I. Hanson and Hassard, Bonnington, Rogers & Huber as Amici Curiae on behalf of Defendant and Respondent.


OPINION

SCOTT, J.

(1a) The issue raised here is whether a physician who, on behalf of a hospital and without compensation, acts as a proctor in observing a surgical operation for the sole and express purpose of assessing and reporting on the competence of a candidate for membership of a hospital medical staff, owes a duty of care to the patient in the operation which would...

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