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Appellate Professional Liability

Neal v. Defendant Physician

02/01/2004
Client:

Defendant Physician

Outcome:

Summary Judgment in Favor of Defendants Affirmed

Synopsis:

Circuit Court Judge Stephen Walter granted summary judgment, ruling that a physician in a hospital setting, responding to a code 99, may still avail himself or herself to the immunity of the Good Samaritan Act, 745 ILCS 49/25, even if there was a preexisting duty to treat the patient.

The Illinois Appellate Court, Second District, affirmed, holding that the plain language of the Act did not require that the physician prove the absence of a preexisting duty to render care to a patient.

The physician’s preexisting duty to render care is relevant only to how much notice the physician had of the illness.