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Good Samaritan law shields California doctor from liability

In the Courts. By Tanya Albert, amednews staff. March 14, 2005.

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In an era when physicians' fear of liability lawsuits sometimes changes the way they practice medicine, there's one area where courts consistently tell doctors that they shouldn't be afraid to jump in -- as Good Samaritans.

Traditionally, lawmakers and the courts have encouraged physicians to lend their skills in emergency situations they encounter outside the exam room, by making doctors and others immune from medical liability in those situations.

A recent California appellate court decision continues that custom.

The scenario at the heart of the case before the California Court of Appeal, Fourth Appellate District, Division One in San Diego isn't quite as clear cut as when a physician acting as a Good Samaritan is driving down the road and comes across a car crash.

Here's what happened.

Bruce Adams, DDS, put patient Orlando Reynoso under general anesthesia so that he could perform oral surgery. According to court records, the San Diego County dentist administered anesthesia because Reynoso has been mentally retarded since birth and cannot sit calmly through a dental procedure.

Shortly after Reynoso went to the recovery room, Dr. Adams noticed that Reynoso's oxygen saturation levels were low. They fluctuated between the mid-80s and 90s.

Dr. Adams had anesthesiologist William K. Lo, MD, monitor Reynoso, court records show. The patient spit up blood, and his SATs fluctuated irregularly. Dr. Lo recommended that Reynoso be sent to the hospital to treat possible aspiration of blood.