QUESTION PRESENTED
Will Dr. Price gain statutory immunity under the Oklahoma Good Samaritan Act or will he be barred due to the gross negligence exception?
BRIEF ANSWER Most likely yes. A court will likely grant statutory immunity from liability under the Good Samaritan Act (1) when there was no contractual relationship, (2) the physician was licensed to render aid, (3) there was an emergency, (4) bodily harm or death were likely to result if no action were taken, and (5) there was no compensation and the aid was given voluntarily. This immunity does not protect the physician when the care they administer is found to be grossly negligent. Dr. Price will likely retain immunity under the Act because a misdiagnosis will probably be determined…show more content… Price then recommended Whitten call someone to take her home because she seemed tired. Pam stated she used Whitten’s phone to call James who was unable to pick up his mother. James alleges he then called his daughter, Jaime, was able to pick up Whitten. Pam then claims Dr. Price left when he knew Whitten had a ride. Jaime said she was under the impression that when she arrived, Whitten seemed to be doing alright.
Jaime alleged she took Whitten home and helped settle her in. James believed his mother would be asleep when he got off work, so he waited until morning to visit. At approximately 10 AM, James knocked on Whitten’s door and had to use his key to enter when she did not answer. James claims his mother was collapsed on the floor, unable to speak, with the left side of her body limp, so he called 911.
The ambulance collected Whitten, and on the way to the hospital, James was told Whitten stopped breathing and never regained consciousness. James was then told by a hospital administrator that Whitten’s CT scan showed she suffered an ischemic stroke, which could have been treated with the drug TPA. The administrator clarified to James that the drug may only be used if it is administered within three hours of the stroke. A few days later, James took Whitten off respiratory assistance and she
