How Does the Texas 'Good Samaritan Law' Work in Emergency Scenes & Hospitals? (CPRC §§ 74.151–74.152)
Direct Answer Under Texas Law
Under Texas Civil Practice and Remedies Code § 74.151(a), a person who in good faith administers emergency care (including using an AED defibrillator) at the scene of an emergency or in a hospital is not liable in civil damages for an act performed during the emergency unless the act is 'willfully or wantonly negligent.'
Critical Texas Procedural Trap to Watch Out For
WAIT—LOOK AT THE REMUNERATION EXCEPTION IN CPRC § 74.151(b) & (c): Under § 74.151(b) and McIntyre v. Ramirez, 109 S.W.3d 741 (Tex. 2003), the Good Samaritan statute DOES NOT protect a person who regularly administers care in a hospital emergency room OR who expects to be paid (remunerated) for the emergency care (though hospital ER doctors still invoke the separate § 74.153 emergency care standard discussed in Chau v. Riddle)!
Recommended Action Plan for Texas Claimants
Distinguish a true volunteer roadside bystander (protected by § 74.151 Good Samaritan immunity) from paid emergency medical professionals billing for their services.
Detailed Texas Statutory & Case Law Breakdown
Under Tex. Civ. Prac. & Rem. Code §§ 74.151 (Liability for Emergency Care), 74.152 (Unlicensed Medical Personnel) and controlling Texas appellate precedent in McIntyre v. Ramirez, 109 S.W.3d 741 (Tex. 2003); Chau v. Riddle, 254 S.W.3d 453 (Tex. 2008), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Tex. Civ. Prac. & Rem. Code §§ 74.151 (Liability for Emergency Care), 74.152 (Unlicensed Medical Personnel) and how Texas courts apply McIntyre v. Ramirez, 109 S.W.3d 741 (Tex. 2003); Chau v. Riddle, 254 S.W.3d 453 (Tex. 2008) in your county's appellate district.
- Beware of the Texas Procedural Trap: WAIT—LOOK AT THE REMUNERATION EXCEPTION IN CPRC § 74.151(b) & (c): Under § 74.151(b) and McIntyre v. Ramirez, 109 S.W.3d 741 (Tex. 2003), the Good Samaritan statute DOES NOT protect a person who regularly administers care in a hospital emergency room OR who expects to be paid (remunerated) for the emergency care (though hospital ER doctors still invoke the separate § 74.153 emergency care standard discussed in Chau v. Riddle)!
- Execute the Texas Action Plan: Distinguish a true volunteer roadside bystander (protected by § 74.151 Good Samaritan immunity) from paid emergency medical professionals billing for their services.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
How Does the Texas 'Good Samaritan Law' Work in Emergency Scenes & Hospitals? (CPRC §§ 74.151–74.152)
Under Texas Civil Practice and Remedies Code § 74.151(a), a person who in good faith administers emergency care (including using an AED defibrillator) at the scene of an emergency or in a hospital is not liable in civil damages for an act performed during the emergency unless the act is 'willfully or wantonly negligent.' Key Texas Trap to Avoid: WAIT—LOOK AT THE REMUNERATION EXCEPTION IN CPRC § 74.151(b) & (c): Under § 74.151(b) and McIntyre v. Ramirez, 109 S.W.3d 741 (Tex. 2003), the Good Samaritan statute DOES NOT protect a person who regularly administers care in a hospital emergency room OR who expects to be paid (remunerated) for the emergency care (though hospital ER doctors still invoke the separate § 74.153 emergency care standard discussed in Chau v. Riddle)!
What Texas statute and Supreme Court / appellate precedent control texas good samaritan law (cprc § 74.151)?
This question is governed in Texas by Tex. Civ. Prac. & Rem. Code §§ 74.151 (Liability for Emergency Care), 74.152 (Unlicensed Medical Personnel) and the legal standards articulated in McIntyre v. Ramirez, 109 S.W.3d 741 (Tex. 2003); Chau v. Riddle, 254 S.W.3d 453 (Tex. 2008). Recommended step: Distinguish a true volunteer roadside bystander (protected by § 74.151 Good Samaritan immunity) from paid emergency medical professionals billing for their services.
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