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Law LibraryGood Samaritan LawIllinois Law & Practice Medicine and Health Care Professionals Anne E. Melley, J.D., of the staff of theNational Legal Research Group, Inc. Summary Correlation Table References <section> 17. Generally West's Key Number Digest West's Key Number Digest, Physicians and Surgeons k14 to 14(4), 17.5 The standard of care is the relevant inquiry by which the court judges a physician's actions in a medical negligence case.[FN1] A defendant in a medical negligence action is held to the reasonable skill which a physician in good standing in the community would use in a similar case.[FN2] Physicians may be expected to have knowledge of current medical literature.[FN3]Reasonable foreseeability of the injury is a key concern in determining whether a medical malpractice defendant is under a duty, but it is not the only consideration; the question of duty takes into account the likelihood of injury, the magnitude of the burden of guarding against it, and the consequences of placing that burden upon the defendant.[FN4] A medical malpractice defendant cannot be held liable if the injury could not have been foreseen or reasonably anticipated as the probable result of an act of negligence.[FN5] Duty to third parties. A physician owes no duty to third parties with whom he or she has no special relationship.[FN6] Accordingly, the failure to diagnose a patient's communicable disease does not render a physician liable to other family members who contract the disease.[FN7] Emergency care; exemption from civil liability. Any person licensed under the Medical Practice Act or any person licensed to practice the treatment of human ailments in any other state or territory of the United States, who in good faith provides emergency care without fee to a person, may not, as a result of his or her acts or omissions, except willful or wanton misconduct, in providing such care, be liable for civil damages. [FN8] The question of whether a physician rendered "emergency care" must be resolved based on the unforeseen, unexpected combination of circumstances presented which require the need for immediate action, assistance, or relief. [FN9] Exemption from liability for free medical clinics. A person licensed under the Medical Practice Act, a person licensed to CUMULATIVE SUPPLEMENT Cases: Standards not in effect on the date of the medical treatment are inapplicable to establish a standard of care for that treatment for purposes of medical malpractice action. Nelson v. Upadhyaya, 297 Ill. Dec. 53, 836 N.E.2d 784 (App. Ct. 1st Dist. 2005), reh'g denied, (Oct. 27, 2005). Even if doctor, who belonged to same medical group as patient's treating physician, had a duty prior to the time doctor provided aid to patient, this, by itself, would not prevent doctor from claiming immunity under Good Samaritan Act in malpractice action brought by estate of patient, who was treated by doctor after nurse observed that medication given to patient, following elective IJ dialysis catheter insertion, was not working properly and after nurse could not contact treating physician; nevertheless, existence of a duty might be relevant to certain factual inquiries in connection with whether doctor's decision not to send bill to patient was in good faith. S.H.A. 745 ILCS 49/25. Estate of Heune ex rel. Heanue v. Edgcomb, 291 Ill. Dec. 537, 823 N.E.2d 1123 (App. Ct. 2d Dist. 2005), reh'g denied, (Mar. 15, 2005). On-call anesthesiologist was not required to prove absence of preexisting duty to render aid to patient in order to be immunized by Good Samaritan Act for physicians engaged in emergency care; Act did not expressly require that physician be a volunteer to be immunized under Act, legislature required only that physician have no notice, provide emergency care, and not charge fee, and legislature intended to protect physicians who rendered emergency medical care from malpractice actions. S.H.A. 745 ILCS 49/25. Neal v. Yang, 287 Ill. Dec. 886 (App. Ct. 2d Dist. 2004). [END OF SUPPLEMENT]
[FN1] Neade v. Portes, 193 Ill. 2d 433, 250 Ill. Dec. 733, 739 N.E.2d [FN2] Neade v. Portes, 193 Ill. 2d 433, 250 Ill. Dec. 733, 739 N.E.2d Continuous duty A physician is always under a duty to use due care in the treatment of As to contribution against a negligent treating physician by the A.L.R. Library Standard of care owed to patient by medical specialist as determined Trial Strategy Negligent Infliction of Emotional Distress by Health Care Provider, 16 Forms Complaint, petition, or declaration--Failure to use skill, care, and [FN3] Proctor v. Davis, 275 Ill. App. 3d 593, 211 Ill. Dec. 831, 656 [FN4] Bovara v. St. Francis Hosp., 298 Ill. App. 3d 1025, 233 Ill. [FN5] Lambie v. Schneider, 305 Ill. App. 3d 421, 239 Ill. Dec. 72, 713 [FN6] Reynolds v. National R.R. Passenger Corp., 216 Ill. App. 3d 334, [FN7] Britton v. Soltes, 205 Ill. App. 3d 943, 150 Ill. Dec. 783, 563 [FN8] 745 ILCS 49/25.
Forms Acknowledgment of emergency treatment--American Medical Association [FN9] Rivera v. Arana, 255 Ill. Dec. 333, 749 N.E.2d 434 (App. Ct. 1st [FN10] 745 ILCS 49/30(a). As to the definition of "free medical clinic," see 745 ILCS 49/30(b). As to the requirement that the clinic post an explanation of the [FN11] 745 ILCS 49/30(d). [FN12] 745 ILCS 49/30(e), providing further that voluntary (c) 2006 Thomson/West IL-LP MEDANDHEAL <section> 17 END OF DOCUMENT |
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