McIntyre v. Ramirez

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. Peac. & 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…