QUESTION PRESENTED Under the Oklahoma Good Samaritan Act, which provides immunity for medical providers voluntarily responding to non-contractual emergencies, is a medical provider immune from liability for his treatment of a hospital visitor’s ultimately fatal stroke when the doctor sends the visitor home after the visitor exhibits standard stroke symptoms including facial droop and an immobilized arm?
BRIEF ANSWER Yes, Dr. Price meets the elements required for immunity under the Good Samaritan law and this immunity was likely not lifted by Dr. Price’s failure to properly diagnose Jenny Whitten’s symptoms. Although medical providers voluntarily responding to medical emergencies outside of a contractual relationship enjoy immunity for negligence in their provision of care, this immunity does not extend to gross negligence. Dr. Price’s failure to recognize the symptoms of…show more content… Price for the care he provided Jenny Whitten, James’s mother, after her ultimately fatal stroke. Approximately six months ago, Jenny went to St. Anthony’s Hospital to visit her neighbor who had undergone a hip replacement operation. Jenny was in the gift shop at St. Anthony’s when she clutched the counter and fell to her knees. Pam, the gift shop clerk, rushed to Jenny and observed that Jenny seemed confused, had difficulty speaking, and the left side of her mouth was drooping. Pam yelled for help and Dr. Price, a family practitioner based at a St. Anthony’s clinic in Norman, came running in and helped Pam get Jenny into a chair in the gift shop. Dr. Price spent approximately fifteen minutes asking Jenny questions, observing her, and eventually getting Jenny to stand and take a few steps. During this time, Pam noticed that Jenny’s left arm was immobile and that that the left side of her face was drooping. Dr. Price told Jenny Whitten that she looked tired and should probably go home and
