Good Samaritan Law in Texas
Texas protects its citizens through
The Texas Good Samaritan Act.
The Act states: “a person who in good faith administers emergency care at the scene of an emergency or in a hospital is not liable in civil damages for an act performed during the emergency unless the act is willfully or wantonly negligent.”
This means is that if a person stops and renders aid in an emergency voluntarily (when there is no legal duty to do so), this “Good Samaritan” can’t be sued unless he or she was flagrantly negligent.
The Act offers significant protection to aid injured individuals in emergency, thereby encouraging citizens to attempt to care and protect one another from further injury by allowing them to make reasonable decisions in the moment on behalf of a victim (who may not be conscious, etc).
There are certain individuals the Act does not protect.
- Anyone who expects remuneration;
- Anyone who was at the scene of an emergency because they were soliciting business or a type of service;
- Anyone who regularly administers care professionally, such as individuals working in a hospital or ER; or
- An admitting or treating physician associated by the admitting physician of a patient bringing in a health-care liability claim.
Thereby, individuals who expect to be paid, and some other medical professionals are not protected by the Act.
CIVIL PRACTICE AND REMEDIES CODE CHAPTER 74. MEDICAL LIABILITY (texas.gov)