Breazeal

Mary Breazeal (Mary) appeals from a judgment of nonsuit on causes of action for professional negligence and wrongful death in favor of Krishan Vashistha, M.D., and Roger Haring, M.D., and from a judgment of dismissal as to an additional cause of action for negligent infliction of emotional distress. The defendant doctors were allegedly negligent in treat ing Mary’s eight-year-old son, Matthew Breazeal (Matthew), who died of a serious, but usually treatable, condition while under their care.

The cause of action for negligent infliction of emotional distress was dismissed before trial on grounds that no evidence established that Mary witnessed an event that caused injury to Matthew or that she contemporaneously was aware than any such event was causing him injury. Nonsuit on the causes of action for professional negligence and wrongful death was granted on grounds that the physicians were at all times rendering emergency care to Matthew and were consequently relieved of liability under Business and Professions Code sections 2395 and 2396, the “Good Samaritan” statutes applicable to physicians who render emergency care, for any acts or omissions they may have committed in…