Doctors’ Motion Denied in Gathers Case : Jurisprudence: Judge rules that two physicians at courtside who tended to player before he died can be tried for alleged negligence.

A judge connected with overseeing the lawsuit filed by the family of Hank Gathers denied motions Tuesday for two doctors who hoped to avoid trial under the “Good Samaritan” defense.

The Good Samaritan defense helps to protect doctors from liability when they come to the aid of a victim in an emergency situation.

The wrongful death suit was filed more than a year ago against 14 defendants, including Loyola Marymount University and several doctors, for alleged negligence in the death of Gathers, a Loyola basketball player who collapsed during a game March 4, 1990 and died shortly thereafter. An autopsy listed the cause of death as cardiomyopathy, a heart disorder.

Judge Abe Gorenfeld ruled in Los Angeles County Superior Court in Torrance that Dan Hyslop, a physician employed by Loyola at its student health center, and Benjamin Schaeffer, an orthopedist with the Kerlan-Jobe Orthopedic Group, can be tried for alleged negligence because their relationship to Gathers went beyond the Good Samaritan defense. Both doctors were courtside and tried to revive Gathers after he collapsed.

Gorenfeld’s ruling contends that Hyslop had a previous doctor-patient relationship with Gathers and that Schaeffer was the scheduled doctor on call from the Kerlan-Jobe Group, which had a working agreement with Loyola to provide orthopedic doctors to games in case of injuries.

In his ruling, Gorenfeld noted: “Even as a ‘Good Samaritan’ (a doctor) would not be excused for gross negligence. The extent of his negligence, if any, remains a triable issue.”

The trial was originally scheduled to begin Sept. 3, but all parties in the suit are seeking a two-month continuance. That motion will be heard July 18.