Reynoso

Plaintiff Orlando Reynoso (Orlando), by and through his guardian ad litem, Alicia Reynoso, appeals a grant of summary judgment for the defendant, Jeffrey L. Newman, M.D. Orlando contends the court erred by failing to recognize a requirement under Business and Professions Code sections 2395 and 2396 that a physician seeking protection of these “Good Samaritan” statutes show a subjective, good faith belief he or she is responding to a medical emergency. Orlando claims a triable issue of fact exists as to whether Dr. Newman had such a belief. Finding no such requirement we affirm the judgment.

FACTS

Bruce Adams, a licensed dentist, performed oral surgery on Orlando at the Tri-City Surgery Center (Surgery Center), an outpatient facility. General anesthesia was administered because Orlando, who has been mentally retarded since birth, could not sit calmly through a dental procedure. The procedure went smoothly, but shortly after Orlando was taken to the recovery room Dr. Adams noticed his oxygen saturation levels (SAT’s) were lower than normal, fluctuating between the mid-80’s and 90’s.

William K. Lo, M.D., the anesthesiologist, was called to monitor Orlando. At this time…