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McINTYRE v. RAMIREZ

No. 01-1203.

109 S.W.3d 741 (2003)

Douglas K. McINTYRE, M.D., Petitioner, v. Debra Marie RAMIREZ and Victor Bocanegra, Both Individually and as Next Friends of Colby Alan Ramirez, A Minor, Respondents.

Supreme Court of Texas.

Decided June 26, 2003.

Attorney(s) appearing for the Case

James B. Ewbank, II, Maria Teresa Cantu, Ewbank & Bryam, P.C., Austin, for petitioner.

Michael Ernest Archuleta, Bill Whitehurst, Laurie Miche Higginbotham, Whitehurst Harkness Ozmun & Brees, Austin, for petitioners.

Justice WAINWRIGHT delivered the opinion of the Court.

In this medical malpractice action arising from the emergency delivery of an infant, defendant Dr. Douglas McIntyre moved for summary judgment raising the Good Samaritan statute as an affirmative defense. The Good Samaritan statute provides an affirmative defense against ordinary negligence for persons who administer emergency care, under specified circumstances. Tex. Civ. Prac. & Rem.Code § 74.001. However...

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