What Is Covered under the Good Samaritan Law

This book is distributed under the terms of the Creative Commons Attribution 4.0 (creativecommons.org/licenses/by/4.0/) international license, which permits use, duplication, adaptation, distribution, and reproduction in any medium or format, provided that you adequately credit the original author and source, provide a link to the Creative Commons license, and acknowledge any changes made. While the primary intent of the Good Samaritan laws is clear, the application in the real world can be very different. All health care providers should familiarize themselves with the laws and protections specific to their condition. However, as this article shows, there are unique responsibilities and coverages when traveling by plane or to other communities. If you`re not sure about local liability protection, you may just want to act as the Good Samaritan did. The purpose of the laws of the Good Samaritan is to diminish, if not encourage, a spectator`s hesitation to act. Specific rules vary from state to state, who can be held liable in what circumstances, whether the carer must obtain the consent of the victim and parental rights in an emergency. Good Samaritan laws differ from state to state regarding consent (if possible) of the person being supported, parental rights, and the right to refuse treatment. Touching someone who has refused help or treatment can result in bodily injury and battery costs. Four key elements in the laws of the Good Samaritan are: The laws of the Good Samaritan generally do not legally protect doctors on call.

However, there have been cases in the hospital setting where a physician was considered a good Samaritan and enjoyed the protection of these laws. [5] Two different examples in Michigan revealed that surgeons who were not on call, but who were contacted by the emergency room to help a patient, were not held responsible for poor outcomes due to the protection of the Good Samaritan. [5] Conversely, another New Jersey decision held that in all cases, “the protection of the Good Samaritan Act stops at the hospital gate.” [5] These cases serve to illustrate the variability not only from one state to another, but also from one situation to another. Another striking example of this variability is that all states except Kentucky have legal language that grants immunity to doctors who are also licensed in another state. [6] Therefore, the degree of mutual immunity may also vary from state to state. All states have Good Samaritan laws in place to encourage people to help others in the event of a medical emergency where qualified relief personnel have not yet arrived. Good Samaritan laws protect people from liability for injuries when they try to help someone in need of medical care. Volunteering to help others is encouraged by the laws of the Good Samaritan, so people don`t have to fear legal consequences if they try to help. The laws of the Good Samaritan do not protect those who have acted recklessly or negligently.

The laws of Good Samaritan may or may not protect a person attempting a rescue. In one case in California, a woman pulled a co-worker out of a car, resulting in permanent spinal injuries. The woman who tried to save the rescue was blamed for the injury. For trained doctors who are trying to help others in the medical sense, the laws of the Good Samaritan generally apply as long as the person is not on the clock. Monetary compensation often invalidates the protection of the laws of the Good Samaritan. Good Samaritan laws differ from state to state regarding consent (if possible) of the person being supported, parental rights, and the right to refuse treatment. Touching someone who has refused help or treatment can result in bodily injury and battery costs. Four key elements in the laws of the Good Samaritan are: Permission of the sick/injured person, if possible, care in an appropriate (not reckless) manner The person who falls under the laws of the Good Samaritan is NOT the one who caused an accident The care was given because it was an emergency and qualified help had not yet arrived. Several states have begun to amend their Good Samaritan laws to include immunity from prosecution for people who seek help in situations involving illegal activities or substances.

If, for example, a car with several young people is involved in an accident because they are driving under the influence of alcohol and drinking from minors, young people would not have to fear legal action if they call the police and emergency services on the scene. This type of immunity would also protect people who use illicit drugs and make 911 calls for others who are overdosing and need immediate help. The states that already have good Samaritan laws with the old immunity are New York, Florida, New Mexico, Illinois, Colorado, Massachusetts and Washington. New Hampshire, Vermont and New Jersey are considering such changes to their existing Good Samaritan laws. The fifty states and the District of Columbia have a kind of Good Samaritan Law. The details of the Good Samaritan`s laws and actions vary by jurisdiction, including who is protected from liability and under what circumstances. [29] The states that already have Good Samaritan laws with the old immunity are New York, Florida, New Mexico, Illinois, Colorado, Massachusetts, and Washington. New Hampshire, Vermont and New Jersey are considering such changes to their existing Good Samaritan laws. In 2016, there were about 480,000 road accidents in India, of which 150,000 died. The Good Samaritans Act provides legal protection to good Samaritans in Karnataka who provide emergency medical care to accident victims during the “Golden Hour”.