Law Library

Illinois Good Samaritan Law

Illinois Law & Practice
Database updated June 2006
Medicine and Health Care Professionals Anne E. Melley, J.D., of the staff of theNational Legal Research Group, Inc.
II. Practice of Medical Profession
C. Negligence and Malpractice
1. In General
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
practice the treatment of human ailments in any other state or territory of the United States, or a health care professional, who, in good faith, provides medical treatment, diagnosis, or advice as a part of the services of an established free medical clinic providing care to medically indigent patients which is limited to care that does not require the services of a licensed hospital or ambulatory surgical treatment center and who receives no fee or compensation from that source may not be liable for civil damages as a result of his or her acts or omissions in providing that medical treatment, except for willful or wanton misconduct.[FN10] The immunity from civil damages also applies to physicians, hospitals, and other health care providers that provide further medical treatment, diagnosis, or advice to a patient upon referral from an established free medical clinic without fee or compensation.[FN11] This provision does not prohibit a free medical clinic from accepting voluntary contributions for medical services provided to a patient who has acknowledged his or her ability and willingness to pay a portion of the value of the medical services provided. [FN12]
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
496 (2000).
[FN2] Neade v. Portes, 193 Ill. 2d 433, 250 Ill. Dec. 733, 739 N.E.2d
496 (2000).
Continuous duty
A physician is always under a duty to use due care in the treatment of
his or her patient.--McMillen v. Carlinville Area Hosp., 114 Ill. App.
3d 732, 70 Ill. Dec. 792, 450 N.E.2d 5 (4th Dist. 1983).
As to contribution against a negligent treating physician by the
original tortfeasor, see I.L.P., Contribution.
A.L.R. Library
Standard of care owed to patient by medical specialist as determined
By local, "like community," state, national, or other standards, 18
A.L.R. 4th 603.
Trial Strategy
Negligent Infliction of Emotional Distress by Health Care Provider, 16
Am. Jur. Proof of Facts 3d 189. Medical Negligence--Psychotherapist's Sexual Contact with Client, 14 Am. Jur. Proof of Facts 3d 319. Psychotherapist's Liability for Failure to Protect Third Person, 2 Am. Jur. Proof of Facts 3d 327. Physician's Failure to Disclose Diagnosis or Test Results, 42 Am. Jur. Proof of Facts 2d 405.
Physician's Failure to Obtain Informed Consent to Innovative Practice Or Medical Research, 15 Am. Jur. Proof of Facts 2d 711. Failure of General Practitioner to Seek Consultation with or Refer Patient to Specialist, 1 Am. Jur. Proof of Facts 2d 373. Medical Malpractice--The Locality Rule, 27 Am. Jur. Proof of Facts 1. Surgeon's Failure to Discover Breakage of Surgical Instrument, 10 Am. Jur. Proof of Facts 605.
Forms
Complaint, petition, or declaration--Failure to use skill, care, and
treatment in particular circumstances. 19A Am. Jur. Pleading and
Practice Forms, Physicians, Surgeons, and Other Healers <section>
<section> 333 to 335, 340, 341.
[FN3] Proctor v. Davis, 275 Ill. App. 3d 593, 211 Ill. Dec. 831, 656
N.E.2d 23 (1st Dist. 1995), as modified on reh'g, (Sept. 26, 1995) and
appeal dismissed, cause remanded, 175 Ill. 2d 394, 222 Ill. Dec. 384,
677 N.E.2d 918 (1997), reh'g denied, (Mar. 31, 1997) and on remand to,
291 Ill. App. 3d 265, 225 Ill. Dec. 126, 682 N.E.2d 1203 (1st Dist.
1997), reh'g denied, (July 24, 1997) and on remand to, 288 Ill. App.
3d 1108, 238 Ill. Dec. 439, 711 N.E.2d 826 (1st Dist. 1997).
[FN4] Bovara v. St. Francis Hosp., 298 Ill. App. 3d 1025, 233 Ill.
Dec. 42, 700 N.E.2d 143 (1st Dist. 1998).
[FN5] Lambie v. Schneider, 305 Ill. App. 3d 421, 239 Ill. Dec. 72, 713
N.E.2d 603 (4th Dist. 1999).
[FN6] Reynolds v. National R.R. Passenger Corp., 216 Ill. App. 3d 334,
160 Ill. Dec. 87, 576 N.E.2d 1041 (1st Dist. 1991).
[FN7] Britton v. Soltes, 205 Ill. App. 3d 943, 150 Ill. Dec. 783, 563
N.E.2d 910, 3 A.L.R.5th 1041 (1st Dist. 1990).
[FN8] 745 ILCS 49/25.

Forms
Acknowledgment of emergency treatment--American Medical Association
form. 15 Am. Jur. Legal Forms 2d, Physicians and Surgeons <section>
202:49. Instruction to jury--Unauthorized treatment or operation--Effect of " Good Samaritan" statute. 19A Am. Jur. Pleading and Practice Forms, Physicians, Surgeons, and Other Healers <section> 198. Defenses--Emergency care. 7 Illinois Civil Practice Forms, Physicians and Healing Arts Practitioners <section> 160.23.
[FN9] Rivera v. Arana, 255 Ill. Dec. 333, 749 N.E.2d 434 (App. Ct. 1st
Dist. 2001).
[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
exemption from civil liability, see 745 ILCS 49/30(c).
[FN11] 745 ILCS 49/30(d).
[FN12] 745 ILCS 49/30(e), providing further that voluntary
contributions collected for providing care at a free medical clinic may be used only to pay overhead expenses of operating the clinic and that no portion of the moneys collected may be used to provide a fee or other compensation to a person licensed under the Medical Practice Act.
(c) 2006 Thomson/West
IL-LP MEDANDHEAL <section> 17
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