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Click here for the full text of this decision FACTS:Dr. Jefferson Riddle was the on-call anesthesiologist for the labor and delivery suites at Memorial Hermann Southwest Hospital on the night of Oct. 29 and 30, 2001. While on his shift, Riddle was called upon to administer anesthesia to Thao Chau during her emergency cesarean section. When S.D., one of Chau’s twins, was delivered, he was not breathing. After the nurses and residents present were unable to resuscitate S.D., Dr. Duc Le, Chau’s obstetrician and her attending physician, asked Riddle to intubate S.D. It is undisputed that Riddle did so, then, allegedly without performing all the immediate follow-up checks typically required by the standard of care and leaving the nurses and residents to secure the tube, returned to Chau. The nurses and residents continued to attempt to resuscitate S.D., but they were unsuccessful. Twelve minutes after Riddle’s intubation, the neonatologist arrived and discovered that the tube was in S.D.’s esophagus instead of his trachea. As soon as she moved the tube to S.D.’s trachea, he began to breathe but had suffered permanent brain damage in the interim. In the trial court, Riddle and Greater Houston Anesthesiology PA (collectively, “Riddle”) argued that because Riddle had responded to the emergency of S.D. not being able to breathe, Texas’ Good Samaritan statute precluded any liability for negligence. Riddle moved for summary judgment, arguing both that he had conclusively proved he was entitled to the affirmative Good Samaritan defense and that Chau had presented no evidence of duty or causation. The trial court granted Riddle’s motion without specifying the grounds, and the 1st Court of Appeals affirmed, reasoning that Riddle had established the Good Samaritan defense as a matter of law. HOLDING:Reversed and remanded. Under Texas Civil Practice & Remedies Code �74.001, the Good Samaritan statute, a medical professional assisting in an emergency in a hospital may be exempted from liability for medical negligence under certain circumstances. That exemption from liability, however, is subject to a number of exceptions. In particular, the exemption does not apply to care administered: for or in expectation of remuneration; by a person who regularly administers care in a hospital emergency room unless such person is at the scene of the emergency for reasons wholly unrelated to the person’s work in administering health care; or by an admitting or attending physician of the patient or a treating physician associated by the admitting or attending physician of the patient in question. Thus, a doctor performing his or her work in an emergency room, a doctor associated by the admitting or attending physician, and a doctor who charges for his or her services are all precluded from the statute’s protection. Chau contended that Riddle fell under each of the three exceptions listed above. Because the court agreed that there is at least an issue of material fact as to whether Riddle was “associated by the admitting or attending physician,” the court did not consider whether Riddle regularly administered care in an emergency room or charged for his services. In sum, the court found evidence that intubating newborns in this situation is part of Riddle’s job as the on-call anesthesiologist in the labor and delivery suites. Thus, the 1st Court erred in affirming summary judgment for Riddle on his affirmative defense. OPINION:Per curiam.

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