Washington v. Clark
No. A01A0638 (Ga. Ct. App. June 14, 2001)

During an unsuccessful burglary attempt, the burglar was shot in the chest. Attempting to save his life, emergency medical personnel arrived at the scene and applied inflatable military anti-shock trousers. The trousers redirected the blood from the burglar's legs to his chest in order to maintain blood pressure to the vital organs, thereby preventing shock and death. An on-call vascular surgeon operated on the burglar, but due to "negligent use or negligent monitoring" of the anti-shock trousers the burglar's legs needed to be amputated above the knees.

The Georgia Court of Appeals granted the surgeon's motion for summary judgment and held that the surgeon was immune from damages according to the provisions of OCGA § 51-1-29-1. As mandated by the statute, the court held that the surgeon was not liable for damages because "neither he nor his professional corporation expected or received any payment for his on-call services, whether from a public or private sector." The court further held that the hospital's receipt of Medicaid payment did not affect the surgeon's immunity because he did not receive any of the money. Lastly, the court noted that the statutory immunity is not applicable only to "emergency rescue efforts."