Lowry

Plaintiffs appeal from a summary judgment entered in favor of defendant, Geraldine Dyer, M.D., on plaintiffs’ first amended complaint for medical malpractice and wrongful death arising from the treatment and death of decedent, Jewel Lowry. The trial court granted summary judgment to defendant on the basis of the immunity afforded to members of hospital rescue teams pursuant to Health and Safety Code section 1317. Plaintiffs contend on appeal that summary judgment was improperly granted because (1) section 1317 does not apply to defendant, the designated head of the hospital’s rescue team, in that section 1317 applies only to volunteers or Good Samaritans, and (2) a triable issue of material fact exists as to whether defendant acted in “good faith” as required by section 1317.

We conclude that the immunity afforded under section 1317 applies to designated, nonvolunteer, non-“Good Samaritan” members of a hospital’s emergency resuscitation team, such as defendant. We further find that defendant has provided substantial and unrefuted evidence of her good faith in attempting to resuscitate decedent. There being no triable issues of material fact, summary judgment was properly…