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Lowry v. Henry Mayo Newhall Memorial Hospital

Citations: 185 Cal. App. 3d 188; 229 Cal. Rptr. 620; 64 A.L.R. 4th 1191; 1986 Cal. App. LEXIS 2000Docket: B010756

Court: California Court of Appeal; September 5, 1986; California; State Appellate Court

Narrative Opinion Summary

The case involves an appeal by the plaintiffs against a summary judgment favoring a hospital physician, who was sued for medical malpractice and wrongful death following the resuscitation efforts for the decedent. The trial court granted summary judgment on the basis of immunity under Health and Safety Code section 1317, which the plaintiffs argued did not apply to the defendant as a designated hospital emergency team leader. The Court of Appeals upheld the summary judgment, confirming that section 1317 provides immunity to designated, non-volunteer hospital rescue team members acting in good faith during resuscitation efforts. The defendant, who was part of the hospital’s Code Blue team, demonstrated good faith by responding promptly and adhering to advanced cardiac life support procedures. The plaintiffs' allegations of bad faith, due to deviations from American Heart Association guidelines, lacked support from expert testimony, leading the court to find no material factual disputes. The court concluded that the statutory immunity applied, and the judgment was affirmed, reinforcing that section 1317 protects trained hospital personnel from liability when acting within their professional capacity and in good faith during emergency situations.

Legal Issues Addressed

Good Faith in Medical Resuscitation

Application: The defendant demonstrated good faith by responding promptly to a Code Blue alert and following advanced cardiac life support protocols, which was not contested by expert testimony.

Reasoning: Dyer provided substantial evidence of her good faith efforts, having responded promptly to a Code Blue alert and administering advanced cardiac life support for 35 minutes before the decedent was pronounced dead.

Immunity under Health and Safety Code Section 1317

Application: The court determined that section 1317 immunity extends to designated, non-volunteer members of a hospital’s emergency resuscitation team, such as the defendant.

Reasoning: The Court of Appeals affirmed the summary judgment, determining that section 1317 immunity extends to designated, non-volunteer members of a hospital’s emergency resuscitation team.

Statutory Interpretation of Good Faith

Application: The court interpreted 'good faith' as honesty and fidelity to obligations, and found no evidence contradicting the defendant's good faith actions during the resuscitation attempt.

Reasoning: The term 'good faith' is commonly understood to denote honesty, absence of intent to defraud, and fidelity to one's obligations.

Summary Judgment Standards

Application: The court affirmed the summary judgment as the plaintiffs failed to raise a triable issue of fact regarding the defendant's good faith actions during the resuscitation.

Reasoning: Regarding summary judgment, it can only be granted if the moving party's affidavits support a judgment in their favor and if the opposing party fails to raise a triable issue of fact.