Strong Law Offices
Illinois Workers’ Comp and Injury Lawyers
Toll Free 866-606-7862
Peoria 309-740-9092
Springfield 217-544-9005
Bloomington 309-226-4427
Decatur 217-877-6602
Main Menu
Get Strong

Illinois Supreme Court Holds Physicians Can't Hide Behind Good Samaritan Act

The Illinois Supreme Court has recently taken away a significant defense from careless and/or negligent physicians in Illinois. The Good Samaritan Act, generally, protects physicians who "volunteer" their services in emergencies from liability for negligent and/or careless acts or conduct in responding to the emergency situation. However, the Illinois Supreme Court has recently ruled that the Act does not shield on-duty emergency room doctors who don't bill a particular patient. See Home Star Bank & Financial Services v. Emergency Care & Health Organization, Ltd., 2014 IL 115526 (2014). In a patient-supportive decision, the Court held that physicians are held to the same standard of care when they treat patients at medical facilities whether or not they bill a patient for a procedure. The ruling by the Court was unanimous in holding that the Act cannot be used as a liability defense by an emergency room physician who was sued for negligence after he attempted to intubate a patient who subsequent suffered permanent brain damage.

The Court held that where a physician is paid for his employment, the physician may not hide behind the Good Samaritan Act by simply failing to bill a patient whom they believe may sue them for negligence. The Act was not intended for that purpose, but rather, was intended to protect those who volunteer, and not those who are paid while working in a medical facility.

The experienced lawyers here at Strong Law Offices are here to assist you in investigating you or a loved one's potential claims of medical negligence. If you or a loved one have been hurt by the careless or negligent conduct of a medical provider or medical professional, it is vitally important to seek legal representation and assistance immediately. Contact Strong Law Offices today.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Strong Law

Contact our lawyers at 866-606-7862 to schedule a free initial consultation from our Peoria, Bloomington, or Springfield offices. We are also available to meet at your home or at the hospital by request.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy