M.G.L.A. 112 § 12B. Emergency care of injured persons; exemption from civil liability

No physician duly registered under the provisions of section two, two A, nine, nine A or nine B, no physician assistant duly registered under the provisions of section nine I or his employing or supervising physician, and no nurse duly registered or licensed under the provisions of section seventy-four, seventy- four A or seventy-six, or resident in another state, in the District of Columbia or in a province of Canada, and duly registered therein, who, in good faith, as a volunteer and without fee, renders emergency care or treatment, other than in the ordinary course of his practice, shall be liable in a suit for damages as a result of his acts or omissions, nor shall he be liable to a hospital for its expenses if, under such emergency conditions, he orders a person hospitalized or causes his admission.

LAW REVIEW AND JOURNAL COMMENTARIES

• Emergency treatment and physician's civil liability. 43 B.U.L.Rev. 140 (1963).
• Exemption of physicians from civil liability. James W. Smith, 9 Ann.Surv.Mass.L. 43 (1962); Robert J. Sherer, 11 Ann.Surv.Mass.L. 52 (1964).
• Health services: An interpretation of the effect of statutory immunity on medical malpractice liability. 54 B.U.L.Rev. 931 (1974).
• Medical immunity. Robert J. Sherer, 14 Ann.Surv.Mass.L. 42 (1967).
• Medical immunity for practical nurses. Peter A. Donovan, 16 Ann.Surv.Mass.L. 25 (1969).
• Physicians' exemption. Robert J. Sherer, 10 Ann.Surv.Mass.L. 51 (1963).
• Physicians' immunity. (1966) 51 Mass.L.Q. 81.

Treatises and Practice Aids

• 17A Mass. Prac. Series § 38.23, Statutory Exemptions.
• 10 Mass. Prac. Series § 1371, In General.
• 14C Mass. Prac. Series § 20.272, Good Samaritan Statutes.
• 14C Mass. Prac. Series § 20.317, Intentional Torts-Battery.
• 14C Mass. Prac. Series § 20.353, Immunities-Good Samaritan Statutes.
• 37 Mass. Prac. Series § 278, Nature Of Duty-Physicians And Other Professionals.
• 37A Mass. Prac. Series § 552, Miscellaneous Immunities.

Emergency care of injured persons

1. In general

Physician who treated involuntarily committed patient at mental hospital was not entitled to immunity under statute in action arising when patient died after she was placed in seclusion; evidence indicated that physician treated patient because no other physician was available, had authority to order her seclusion, was responsible for her care and had salaried position when working his required hours at hospital. Hopper v. Callahan (1990) 562 N.E.2d 822, 408 Mass. 621. Health  769

2. State agent

Fact that child's privately retained physician resorted to judicial process under c. 119, § 24 with respect to his filing of care and protection petition dismissed by state court did not, absent claim of conspiracy with state officials, transform him into a state agent so as to authorize civil rights action for damages against him by child's parents charging violation of their alleged constitutional right to determine child's medical treatment, arising out of state decree placing custody of child with state for limited purpose of providing child with chemotherapy treatment. Green v. Truman, D.C.Mass.1978, 459 F.Supp. 342. Civil Rights  198(8)

Court order placing custody of child with State Department of Public Welfare for purpose of providing chemotherapy treatment to child and providing that either child's privately retained physician or any board-certified hematologist of parents' choosing was to supervise chemotherapy treatment did not clothe child's privately retained physician with the authority of state law necessary to transform him into state agent so as to authorize a civil rights action for damages against physician charging violation of parents' alleged constitutional right to determine child's medical treatment arising out of state custody decree. Green v. Truman, D.C.Mass.1978, 459 F.Supp. 342. Civil Rights  198(8)

3. Battery

The administration of medical treatment without consent constitutes, subject to an exception for emergencies, a battery, which is defined as an intentional, unpermitted contact with another person. Matter of Spring (1979) 399 N.E.2d 493, 8 Mass.App.Ct. 831, reversed 405 N.E.2d 115, 380 Mass. 629. Assault And Battery  2