Section 1799.110 Of Chapter 9. Liability Limitation From California Health And Safety Code >> Division 2.5. >> Chapter 9.
1799.110
. (a) In any action for damages involving a claim of
negligence against a physician and surgeon arising out of emergency
medical services provided in a general acute care hospital emergency
department, the trier of fact shall consider, together with all other
relevant matters, the circumstances constituting the emergency, as
defined herein, and the degree of care and skill ordinarily exercised
by reputable members of the physician and surgeon's profession in
the same or similar locality, in like cases, and under similar
emergency circumstances.
(b) For the purposes of this section, "emergency medical services"
and "emergency medical care" means those medical services required
for the immediate diagnosis and treatment of medical conditions
which, if not immediately diagnosed and treated, could lead to
serious physical or mental disability or death.
(c) In any action for damages involving a claim of negligence
against a physician and surgeon providing emergency medical coverage
for a general acute care hospital emergency department, the court
shall admit expert medical testimony only from physicians and
surgeons who have had substantial professional experience within the
last five years while assigned to provide emergency medical coverage
in a general acute care hospital emergency department. For purposes
of this section, "substantial professional experience" shall be
determined by the custom and practice of the manner in which
emergency medical coverage is provided in general acute care hospital
emergency departments in the same or similar localities where the
alleged negligence occured.