Marik v. Superior Court

In Marik v. Superior Court (1987) 191 Cal. App. 3d 1136, the court noted, "in the case of a professional medical corporation, the directors may be called upon to render decisions which are purely 'business' in nature, purely 'medical' in nature, or a combination of both. In a professional corporation, it is not always possible to divide the 'business' side of the corporation from the part which renders professional services; 'the subject is treated as a whole.'" (Marik v. Superior Court, supra, 191 Cal. App. 3d at p. 1140.) The Marik court elaborated, citing the example of a medical corporation's decision to purchase new equipment: "the prospective purchase of a piece of radiological equipment could be impacted by business considerations (cost, gross billings to be generated, space and employee needs), medical considerations (type of equipment needed, scope of practice, skill levels required by operators of the equipment, medical ethics), or by an amalgam of factors emanating from both business and medical areas. The interfacing of these variables may also require medical training, experience, and judgment." (Marik v. Superior Court, supra, 191 Cal. App. 3d at p. 1140, fn. 4.)