Prince

The question of personal jurisdiction over an out-of-state doctor in a medical malpractice action occurs with sufficient regularity that it is the subject of an annotation in the American Law Reports. (See Annot., In Personam Jurisdiction, Under Long-Arm Statute, Over Nonresident Physician, Dentist, or Hospital in Medical Malpractice Action (1983) 25 A.L.R.4th 706 .)

In the typical scenario, where a prospective patient travels out of state to a doctor, and there receives allegedly negligent medical treatment, courts consistently hold that the patient's home state courts cannot exercise personal jurisdiction over the physician even though the effects of the doctor's negligence are (literally) felt in the patient's home state. (E.g., Ghanem v. Kay (D.D.C. 1984) 624 F. Supp. 23 [no District of Columbia jurisdiction over Maryland podiatrist who negligently performed surgery on D.C. resident even though podiatrist advertised and listed his phone number in D.C. Yellow Pages]; Walters v. St. Elizabeth Hosp. Medical Center (W.D.Pa. 1982) 543 F. Supp. 559 [mere acceptance of out-of-state patient by hospital not enough for personal jurisdiction]; Lebkuecher v.…

The question of personal jurisdiction over an out-of-state doctor in a medical malpractice action occurs with sufficient regularity that it is the subject of an annotation in the American Law Reports. (See Annot., In Personam Jurisdiction, Under Long-Arm Statute, Over Nonresident Physician, Dentist, or Hospital in Medical Malpractice Action (1983) 25 A.L.R.4th 706 .)

*1058 In the typical scenario, where a prospective patient travels out of state to a doctor, and there receives allegedly negligent medical treatment, courts consistently hold that the patient’s home state courts cannot exercise personal jurisdiction over the physician even though the effects of the doctor’s negligence are (literally) felt in the patient’s home state. (E.g., Ghanem v. Kay (D.D.C. 1984) 624 F.Supp. 23 [no District of Columbia jurisdiction over Maryland podiatrist who negligently performed surgery on D.C. resident even though podiatrist advertised and listed his phone number in D.C. Yellow Pages]; Walters v. St. Elizabeth Hosp. Medical Center (W.D.Pa. 1982) 543 F.Supp. 559 [mere acceptance of out-of-state patient by hospital not enough for personal jurisdiction]; Lebkuecher v. Loquasto (1978)…

JDissenting.—While there is surface allure to my colleagues’ opinion, the rule of law they create is a bad one. I cannot agree that a finding of no jurisdiction is necessary to avoid the shunning of California patients seeking follow-up care from out-of-state doctors and medical facilities. Forum non conveniens motions would dispose of most such cases, I think, and properly so. 1 But there might be good reason to retain a few of them. For example, what of quack practitioners in other jurisdictions with a track record of attracting desperately ill California patients, whether by advertising or word of mouth, who then continue to treat them when they have returned to this state? They ought to expect to be required to defend here. For these reasons I decline to join in today’s decision, based as it is on spurious notions of public policy. I would hold they have no proper role to play in a jurisdictional analysis; instead, public policy concerns go to forum non conveniens considerations, in my view.

California’s jurisdiction extends to the limits of state and federal due process. 2 (Code Civ. Proc., § 410.10.) Due process requires that a defendant have “minimum contacts” with the…