An attending physician in a rural community comes across a high-risk situation, requiring a specialist, who is an hour or perhaps hours away. On the other hand, the attending physician identifies a significant risk associated with the transferring of the patient. In addition, the current attending physician feels the service necessary for this patient is outside of his or her skill set. In this context, if the patient succumbs to death.

Who would be responsible, the attending physician or the specialist hours away? How would court or medical regulatory authority likely view the attending physician or the specialist?