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Ramirez v. McIntyre

A doctor falls within the protection of the Good Samaritan statute only if he or she would not customarily receive remuneration for the services performed and would not legally be entitled to remuneration; it is of no consequence that the person claiming protection waives or elects not to charge for the medical assistance.

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Appellants, Debra Marie Ramirez and Victor Bocanegra (collectively “appellants”), appeal the trial court’s grant of summary judgment in favor of appellee, Dr. Douglas McIntyre, in a medical malpractice action for damages resulting from the labor and delivery of their son, Colby Alan Ramirez. We will reverse the trial court’s judgment and remand the cause.

BACKGROUND

On April 23, 1998, Debra Marie Ramirez (“Ramirez”) presented to St. David’s Medical Center to have labor induced, as scheduled by her obstetrician and attending physician, Dr. Patricia Gunter. Dr. Gunter visited Ramirez twice during the early stages of delivery, but subsequently left the labor and delivery area. As Ramirez’s labor rapidly progressed and the baby’s head began to crown, Dr. Gunter still had not returned. Dr. Douglas McIntyre was on the labor and delivery floor when a nurse paged for a “Dr. Stork” to Ramirez’s delivery room. A “Dr. Stork” page means that a delivery is in progress without a doctor and a doctor is needed immediately. Dr. McIntyre was not on-call for Dr. Gunter and had never treated or seen Ramirez but voluntarily responded to the page.

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