Clarke v. Hoek

Opinion

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 w'hich would render the proctor subject to liability for failing to intervene in that surgery in order to prevent malpractice by the proctored surgeon. The question is posed in the context of an appeal from an order granting summary judgment in favor of a physician who served as the proctor on behalf…