Hirpa v. IHC Hospitals, Inc

In Hirpa v. IHC Hospitals, Inc., 948 P.2d 785 (Utah 1997), the Court held that Utah's Good Samaritan Act, Utah Code Ann. 58-12-23 (1996), met the second step of Berry's two-step analysis. Id. at 793. The analysis in Hirpa assumed that prior to the Good Samaritan Act's passage, the common law rule that a physician who is under no affirmative duty to assist a person in distress is held to a duty of due care if he or she chooses to respond and render voluntary emergency assistance, applied. Id. at 793. The Court held that the Good Samaritan Act did not violate the open courts provision by displacing the common law rule because the legislature legitimately characterized the common law rule as a social evil by discouraging physicians from responding to emergencies and rendering medical care in life threatening situations. Id. at 793-94. Hirpa took particular notice of the manner in which the legislature sought to accomplish its goal. The opinion stressed that the provisions of the Good Samaritan Act were narrowly tailored. Id. at 794. Only good faith providers were immunized. Id. The immunity applied only to physicians rendering emergency care and not to care after the emergency had ended. Id. The court continued: "Finally, as we have interpreted the act, it applies only to medical doctors who had no preexisting duty to render aid. Thus, the act immunizes only true volunteers who render aid even though they are not obligated to do so. We think these limitations indicate the reasonableness of the act. The statute does not cut an unnecessarily wide swath through causes of action against medical providers. Rather, immunity is provided under limited circumstances and only for the purpose of encouraging potentially life-saving emergency medical care. Therefore, we think the act is a reasonable attempt to eliminate a clear social evil and does not violate article I, section 11 of the Utah Constitution." Id. In sum, the Court emphasized the narrow tailoring of the Good Samaritan Act in upholding its constitutionality. Id. at 794. The Court noted that only good faith providers were immunized. Id. The immunity applied only during the emergency and not after the emergency had ended. Id. Additionally, it applied only to medical doctors who had no preexisting duty to render aid. Id.