The New Jersey Supreme Court ruled Wednesday in a 5-2 decision that emergency room doctors cannot shield themselves from malpractice lawsuits using the Good Samaritan law. The court majority said that a fully staffed emergency room is not faced with the same challenges as a Good Samaritan on the street who can do little more than render first aid. The case involved complications that arose during an emergency delivery at then-St. Peter’s Medical Center, New Brunswick. The mother of the baby who died at the age of 3 sued the hospital and doctors involved in 1994. The hospital and two doctors settled, but one doctor had appealed a jury’s decision that she was 3% liable. Good Samaritan laws around the country vary in their protections of emergency room doctors. New Jersey law was silent on the subject.
Court: ER docs not protected by Good Samaritan law
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