What is the test for determining whether a medical malpractice case is statutorily compelled?

We prefer a rule which allows the trial court sufficient flexibility and discretion to correct innocent mistakes in the interest of justice. Similarly, where statutorily permissible, the policy of resolving cases on the merits compels the rejection of a rigidity which would permit one party to take advantage of another's mistakes without consideration of the equities of the situation. Our decision in Barnett v. American-Cal Medical Services, supra, 156 Cal.App.3d 260, 202 Cal.Rptr. 735 was statutorily compelled. The result advocated by Brickey is not.