Which statement is true about liability under the Texas Civil Practice and Remedies Code regarding emergency care?

Which statement is true about liability under the Texas Civil Practice and Remedies Code regarding emergency care?

• A. It limits liability for emergency care, with exceptions for willful, wanton negligence or remuneration
• B. It does not limit liability in any circumstances
• C. It only applies to physicians in hospitals
• D. It prohibits any liability for emergency care

Answer: (A)

In Texas, the Civil Practice and Remedies Code provides liability protection for emergency care given in good faith to someone in distress, aiming to encourage people to help without fear of civil suits for ordinary negligence. This protection is not unlimited: it does not apply if the caregiver’s conduct is willful or wanton negligence, or if the caregiver receives remuneration for the care. In those cases, the standard liability rules apply and the provider can be held responsible for damages. So the true statement reflects that emergency care liability is limited, with exceptions for willful/wanton negligence or remuneration. For example, a bystander who assists at the scene without payment and without gross negligence typically enjoys protection, whereas a paid responder or someone acting with reckless disregard would not.

In Texas, the Civil Practice and Remedies Code provides liability protection for emergency care given in good faith to someone in distress, aiming to encourage people to help without fear of civil suits for ordinary negligence. This protection is not unlimited: it does not apply if the caregiver’s conduct is willful or wanton negligence, or if the caregiver receives remuneration for the care. In those cases, the standard liability rules apply and the provider can be held responsible for damages. So the true statement reflects that emergency care liability is limited, with exceptions for willful/wanton negligence or remuneration. For example, a bystander who assists at the scene without payment and without gross negligence typically enjoys protection, whereas a paid responder or someone acting with reckless disregard would not.