Clarke

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 of two hospitals in two separate operations on the same patient. We conclude that the respondent proctor had no duty of care to the patient. We therefore affirm the order of summary judgment.

I

There is no dispute as to any of the material facts. At all relevant times, Kenneth J. Hoek, M.D. (Dr. Hoek) was a physician and surgeon licensed since 1968 to practice in California, and certified since 1976 by the American Board of Orthopedic Surgery. Dr. Hoek acted as proctor during two separate orthopedic surgeries performed on appellant Frances M. Clarke by Drs. Frank LoBianco (Dr. LoBianco) and…