Lum v. Stinnett

OPINION

By the Court,

Gunderson, J.:

This appeal arises from a malpractice action commenced by respondent against three physicians: Dr. Greene, who attended respondent at a hospital emergency room; Dr. Romeo, respondent’s “family doctor,” who consulted with Greene by telephone, directed that respondent be X-rayed, and thereafter attended him; and appellant Lum, who “read” the X-rays. Respondent’s theory was that defendants negligently failed to detect and treat a compression fracture in respondent’s spine. Issues dispositive of this appeal concern the propriety and effect of an agreement by…