chance call not something that occurred accidentally he was the on call he in the colleges he was taking call for his group it was his responsibility to call in his responsibility couldn't refuse that  who was being admitted to the medical intensive care unit we left she had a duty to protest a pain in the care he had exercised his judgment and we never alleged that he gave the advice to stop giving the blow that was never an allegation against him or allegation against him was that he had a duty in conjunction with the medical intensive care unit physicians to assist in providing the and his order expressed we indicated that this was a single phone call and i believe his order indicated that  fulfill their contractual obligations got a promise agreed to fulfill those obligations leave privilege by the hospital you know reiterated that you can choose not to take all it's not a voluntary undertaking this was a formalized process much like this court addressed in the next mackey decision this was it he was on call he was the person that was called by dr bolden because he was the  issue and it's his decision that he didn't need to go to the hospital that's in his deposition and i think i read part of their earlier story that which indicated he assume they were continuing to give the treatment that he thought that he was told they were treatment but he wasn't there to order treatment he chose not to go to the hospital and participate and they also said he did have a dream because he did not kill for his services his group was paid by the hospital to provide on call service he was appearing on on call system was he was obligated to come to the hospital to oversee treatment to advocate for the patient of the trial court i believe or the defense says again that he he he he was not asked to see the patient his job his duty we allege was he had to make the judgment what was the right thing you  he circumstances he exercised poor or facts to help them come to a conclusion as to what the dubious with all respect the judges don't know the particular formalities of the medical complex in the process that's an issue the only way the court can be informed of that is to be given information about what the process is required in this case we gave that to the court record the record bloom you speak more dead evidence entirely well your honor with all respect i don't know how that area can be me where the issue before this court on this case in this particular instance heels with the grain of a summary judgment the specialist for that very purpose he had to exercise his judgment at that time about what to do and he chose just to say ok i think you're doing all right to move through the patient now going for the argument is that it's moot because we are paid to judge but it's not first off this kid these cases before this court and we don't know i don't know what the court is going to do with the advisory opinion it was a decision made in the trial court the defendants that were before you really are today you could tell the whole argument below ok below a trial was all gee dot com is here he's could be fired from his position that the existence of a contract between a hospital and a human charging group or any other type of group does not in any way stablished the existence of a duty between the physician and the patient indeed if that were true every physicians group that had any type of agreements with that hospital for purposes of privileges already had a diagnosis and i know this had already been made almost two hours before they called them for tom they had already started the treatment the treatment was underway when they called dr thomas he said yeah that's because looks good and he was never say if maybe tomorrow i can come see the patient he was called about two hours after the patient passed away early that morning was that three forty five morning i believe and told the patient has passed away so it wasn't as though he said we need you here in the next few hours there is no evidence that had he had he gone to the hospital then anything would have changed but the plaintiff is attempting to do is just think that even if it were there's no question based on what mr carter told this court today he took the call he spoke to the physician and there was nothing more to be done nothing more was asked of him he was not asked to make a diagnosis he was not asked to make any other treatment considerations because indeed the treatment that was being given was appropriate at the time i think kind of this thinking about what he could go back to trial on things you know we  informal about the call the doctor promised a physician who is obligated to provide on call services is obligated to assist in providing a ship here if he or she is called upon to do so and it is a matter of the exercise of the on call specialist medical judge to determine what level of involvement that he or she is required to take for any particular patient that is being inquired of while they are they can call that d i respectfully disagree i don't believe where he was making decisions about stopping injury and he admitted in the record he didn't even know heart or he didn't know he let any he was unaware how to treat it we was taking care of th you can be used as evidence of that and that's all we're saying in this case is that we show it we put it in the record the evidence that there was this duty was to make a decision exercise of the other call specialist medical judgment to determine what level of involvement that he is required to take for any particular patient that he's being inquired of while he's on call so to go when you're talking about coming