Perkins

—Plaintiff and appellant, Ina Ruth Perkins, appeals from a summary judgment in favor of defendant and respondent, Timothy Howard, M.D., in this action for medical malpractice. At issue is whether the trial court properly determined that Business and Professions Code section 2396, one of California’s numerous “Good Samaritan” statutes, immunized Dr. Howard from civil liability when he responded to a call from a hospital to render emergency assistance to another orthopedic surgeon during appellant’s surgery. We conclude that Dr. Howard established his entitlement to immunity as a matter of law and affirm.

The Evidence

On June 2, 1988, appellant underwent elective total hip replacement surgery at Mt. Diablo Medical Center. Dr. John Lang was the surgeon; Dr. Clyde O’Neill was scheduled to be the assistant surgeon. Prior to the operation, Dr. O’Neill alerted Dr. Lang in a telephone conversation that he believed he was coming down with the flu. Dr. Lang said “it would be difficult to get another assistant surgeon at that late hour” and that he hoped Dr. O’Neill would feel well enough to assist him. Dr. O’Neill said he would attempt to assist in the 7:30 a.m. surgery.

He did,…