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Curb Your Immunity: The Improper Expansion of Good Samaritan Protection in Illinois

Ben Bridges

Abstract

The Illinois Good Samaritan Act was originally enacted to encourage physicians to provide medical assistance “at the scene of a motor vehicle accident or in case of a nuclear attack.” Over the years, however, the Act was expanded by the Illinois General Assembly and the Illinois courts to provide civil immunity to any physician who, in good faith, provides emergency care without charging a fee. Thus a physician need only demonstrate he provided emergency care and that he did not charge a fee in order to be shielded from liability. This comment critically analyzes the current status of the Good Samaritan Act in Illinois and discusses the need to corral the immunity it provides. Specifically, the comment will discuss how the Illinois courts have allowed immunity to expand far beyond what was intended by the General Assembly when the Act was introduced. This comment does not suggest that physicians should receive no protection for providing emergency care without fee. In fact, it suggests just the opposite. Physicians should enjoy Good Samaritan immunity. But, immunity should only exist to the extent the Good Samaritan Act allows it and only to the extent the General Assembly anticipated. The comment does not suggest that immunity should be eradicated, only confined.

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