[DOWNLOAD] "Mcintyre V. Ramirez" by In the Supreme Court of Texas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mcintyre V. Ramirez
- Author : In the Supreme Court of Texas
- Release Date : January 26, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
In this medical malpractice action arising from the emergency delivery of an infant, defendant Dr. Douglas McIntyre moved for summary judgment raising the Good Samaritan statute as an affirmative defense. The Good Samaritan statute provides an affirmative defense against ordinary negligence for persons who administer emergency care, under specified circumstances. Tex. Civ. Prac. & Rem. Code § 74.001. However, the statute does not protect from liability persons whose services were provided "for or in expectation of remuneration." Id. § 74.001(b)(1). The trial court granted the doctor's motion for summary judgment, but a divided court of appeals reversed, holding that the doctor failed to prove conclusively that he was entitled to protection from liability under the Good Samaritan statute. Specifically, the court of appeals held that the doctor failed to prove that he was not legally entitled to receive payment for the emergency services he rendered. 59 S.W.3d 821, 827.
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