GOOD SAMARITAN LAW

Chamley v. Khokha, No. 20060261 (N.D. May 8, 2007)

The Supreme Court of North Dakota reversed a trial court's grant of summary judgment, and found that a physician was not immune from a medical malpractice lawsuit based on the Good Samaritan law.

The physician, a salaried employee of the hospital, was in the lounge waiting to perform surgery on his patient, when he was asked to assist another physician in a surgical case. The physician assisted in the case, the patient later died, and the patient's son filed suit against the physician and the hospital, as well as another physician.

The trial court granted summary judgment as to the physician and the hospital, finding that the physician was immune under the Good Samaritan law. The patient's son appealed, arguing that since the physician was paid for his services as an employee of the hospital, he had an expectation of remuneration and, thus, he was not immune under the law. The physician and the hospital argued that the physician was immune, since he had no duty of care toward the patient and he only operated because he was asked to help in an emergency.

The Supreme Court of North Dakota ruled that the physician was not immune, since he was a salaried employee of the hospital who performed a service in the hospital. Thus, he was being remunerated by the hospital when he assisted and, because of this, he had an expectation of remuneration for his services.