Dr. Jiminez was delivering Valazquez's baby. There were
complications in the childbirth. Dr. Jiminez called in Dr. Randzini to
help. The baby was born with brain damage.
Velazquez sued Dr. Jiminez and Dr. Randzini for medical
malpractice.
The Trial Court found for Velazquez, and assigned 3% of
the liability to Randzini.
Randzini appealed, claiming that she was immunized from
liability because she was a Good Samaritan.
Under a Good Samaritan Act, such as the one in New
Jersey, people who render aid during an emergency are immunized from
liability for problems that occurs as the scene of the emergency.
Some States explicitly exclude emergency care inside
a hospital. Other States explicitly include it. New Jersey's Statue is
silent on the issue.
Randzini argued that since she had no prior relationship
with Velazquez, he was a Good Samaritan, as opposed to a doctor
who owed a patient a certain standard of care.
The Appellate Court affirmed.
The Appellate Court found that the Statute must be
construed narrowly, and the fact that it specifically included the
"scene of the emergency" and "transport to a
hospital" but not "hospital" implied that hospitals were
not covered.
The Appellate Court felt that the purpose of the Good
Samaritan Act was to encourage people to help accident victims they
come upon by chance. Randzini could not have said to have come upon the
emergency "by chance."
Randzini unsuccessfully argued that this decision would
discourage doctors from helping patients in hospitals, but the Court
felt that was unrealistic.
