Good Samaritan Act - February 14, 2005

A physician is immune from liability under the Good Samaritan Act if (1) the physician provides emergency care and (2) does not charge a fee (as long as the conduct is not willful or wanton). Although infrequently mentioned in the case law, the statute requires that the medical services be provided in good faith. In Heanue v. Edgcomb, the Second District Appellate Court held that the decision not to charge a fee must also be made in good faith. Bottom Line: Refraining from charging a fee simply to invoke the protection of the Good Samaritan Act would seem to violate the requirement that the doctor's actions be taken in good faith, particularly if the decision not to charge a fee was made following treatment that could potentially expose a doctor to liability.