Ramirez v. McIntyre’s Empirical Analysis

Citation profile

1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “§ 74.001 Liability for Emergency Care (a) A person who in good faith administers emergency care ... is not hable in civil damages for an act performed during the emergency unless the act is wilfully or wantonly negligent. (b) This section does not apply to care administered: (1) for or in expectation of remuneration; or (2) by a person who was at the scene of the emergency because he or a person he represents as an agent was soliciting business or seeking to perform a service for remuneration. (c) If the scene of an emergency is in a hospital or other health care facility or means of medical transport, a person who in good faith administers emergency care is not hable in civil damages for an act performed during the emergency unless the act is wilfully or wantonly neghgent, provided that this subsection does not apply to care administered: (1) by a person who regularly administers care in a hospital emergency room unless such person is at the scene of the emergency for reasons whohy unrelated to the person’s work in administering health care; or (2) by an admitting or attending physician of the patient or a treating physician associated by the admitting or attending physician of the patient in question. (d)For purposes of Subsections (b)(1) and (c)(1), a person who would ordinarily receive or be entitled to receive a salary, fee, or other remuneration for administering care under such circumstances to the patient in question shall be deemed to be acting for or in expectation ”

   1 later decision quote this exact passage
   e.g. McIntyre v. Ramirez

2. “(a) A person who in good faith administers emergency care at the scene of an emergency or in a hospital is not liable in civil damages for an act performed during the emergency unless the act is wilfully or wantonly negligent. (b) This section does not apply to care administered: (1) for or in expectation of remuneration; (2) by a person who was at the scene of the emergency because he or a person he represents as an agent was soliciting business or seeking to perform a service for remuneration; (3) by a person who regularly administers care in a hospital emergency room; or (4) by an admitting physician or a treating physician associated by the admitting physician of the patient bringing a health-care liability claim.”

   1 later decision quote this exact passage
   e.g. McIntyre v. Ramirez