Block

In this appeal we determine that an action for professional negligence may be defeated because liability is predicated upon the publication of an injurious falsehood, consisting of the communication of a negligently prepared report to the district attorney for purposes of criminal action, which is absolutely privileged under Civil Code section 47, subdivision 2. We affirm the judgment.

Facts

In December 1977, plaintiff’s infant daughter died. An autopsy was performed. As part of its investigation into the cause of death, the San Joaquin County Sheriff-Coroner’s office submitted samples of the baby’s blood to defendant Beam. 1 Beam, a toxicologist, performed a *388 blood analysis and determined the child had a blood salicylate concentration of 670 miligrams per liter of blood. 2 Because a salicylate concentration of 300 miligrams per liter of blood can be toxic, the San Joaquin County District Attorney’s office sought further information to determine whether criminal charges might be warranted. Beam was requested to calculate the number of baby aspirin which plaintiff’s child would have had to ingest to produce such a high concentration of salicylate in the baby’s…