|
Good Samaritan Statute
What is a Good Samaritan Statute?
Good Samaritan statutes are laws enacted by the various states that
protect healthcare providers and other rescuers from being sued when
they are giving emergency help to a victim provided the person uses
reasonable, prudent guidelines for care using the resources they have
available at the time of the accident. Most states have enacted some
form of Good Samaritan or Volunteer Protection law prohibiting a victim
from suing a physician or other health care professional for injuries from
a Good Samaritan act. To trigger the protection of such an act, several conditions must be satisfied: it must be a volunteer act, the person
receiving the help must not object to being helped, and the actions of
the rescuer must be a good-faith effort to help.
People are rarely sued for helping in an emergency, but the existence
of Good Samaritan Laws does not mean that some one cannot sue.
Good Samaritan Laws do not provide absolute protection from malpractice
claims. Each state has guidelines for professionals. A professional should
not leave a patient unless care is transferred to an equally competent
professional. This might mean a trip to the ER in some cases. Always
activate emergency medical services as soon as possible so that you
can leave the person in hands of competent rescue personnel. Negligence
and gross misconduct are not defensible!
Some states have enacted laws that make it a punishable offense NOT
to render aid... There are many factors to be considered about responding
as a Good Samaritan as a health care professional... can I be sued? What happens when a Good Samaritan suffers injuries or damage to his or her
property as a result of responding to a call for help? Do Good Samaritan
Laws protect me if I respond to help in cases of terrorist bombings or
similar large-scale disasters?
While each state's statutes differ, the basic principles are similar-
"Any person who, in good faith, renders emergency medical care or
assistance to an injured person at the scene of an accident or other
emergency without the expectation of receiving or intending to receive
compensation from such injured person for such service, shall not be
liable in civil damages for any act or omission, not constituting gross
negligence, in the course of such care or assistance."
|