Burciaga v. St. John's Hospital

Opinion

GILBERT, J.

Here we hold that a staff physician of a hospital, who treats another doctor’s patient at the hospital in response to a medical emergency, is protected by the Good Samaritan laws.

Plaintiff William Burciaga, through his mother and guardian ad litem, appeals the summary judgment entered in favor of defendant Edward Gibson, M.D. We affirm the judgment because there are reasonable, uncontradicted inferences that Gibson owed no duty of emergency care to plaintiff. He is entitled therefore to the shield of the Good Samaritan laws. (Bus. & Prof. Code, §§ 2395,2396; McKenna v.…