Home Star Bank and Financial Services v. Emergency Care and Health Organization

Illinois Appellate Court
Civil Court
Case Number: 
2012 IL App (1st) 112321
Decision Date: 
December 21, 2012
1st Dist.
Cook Co., 5th Div.
Reversed and remanded.
Good Samaritan Act is not intended to apply to immunize ER physicians who are paid for their time. The determination of whether emergency care was provided "without fee" is not dependent on geography of where that care was provided. Hospital's independent contractor ER physician, who responded to code blue for patient on another floor of hospital, received "a fee" for his emergency care of patient and thus did not provide emergency care "without fee" as contemplated by Good Samaritan Act. (McBRIDE and TAYLOR, concurring.)