Mr. Harris was taken to the emergency room at St. Vincent's Medical Center suffering from a reaction to a medication which caused his throat and tongue to swell. The attending emergency room physician requested the assistance of an anesthesiologist. Witness testimony established that anesthesia did not provide on-call services to the emergency room, although occasionally anesthesiologists on call for other areas of the hospital voluntarily provided assistance in the emergency room upon request, if they were available. Appellee, Dr. Soha, was the anesthesiologist on call for the obstetric suite and had been called in to provide an epidural for a patient in labor around the time that Mr. Harris was admitted. Dr. Soha responded to the emergency room physician's request for assistance. Shortly thereafter, Mr. Harris died from complications. Ms. Harris subsequently filed suit, alleging that Dr. Soha failed to take actions which may have prevented her husband's death.

Dr. Soha's defense is that he is immune from suit under the provisions of the Good Samaritan Act. The Good Samaritan Act is available under resources.

Is his defense valid? Why or Why Not?

West's Florida Statutes AnnotatedCurrentness

Title XLV. Torts (Chapters 766-774)(Refs & Annos)(Links to an external site.)

Chapter 768. Negligence(Refs & Annos)(Links to an external site.)

Part I. General Provisions

768.13. Good Samaritan Act; immunity from civil liability