On a federal level, Good Samaritan legislation has been enacted under the Cardiac Arrest Survival Act; however, this legislation only covers use of automated external defibrillators (AEDs) when assisting cardiac arrest victims.

Most states also have enacted their own laws offering legal protection to an individual who voluntarily provides care during an emergency situation. While these laws vary from state to state, they are typically referred to as Good Samaritan laws.

Good Samaritan laws were developed primarily as a means of encouraging people to provide assistance during emergency situations by protecting the rescuer from being sued and held financially responsible for a victim’s illness or injury when the rescuer acts in a reasonable and prudent manner. Of course, it goes without saying that individuals providing assistance during emergency situations should always exercise extremely good judgment as well as a reasonable level of skill not to exceed the scope of their own abilities or training.

Often, immunity under the statutes will be lost when the person providing care is found to have acted in a manner that was not reasonably prudent, or to have been negligent or reckless, or to have abandoned the victim after initiating care. A reasonable and prudent person is considered to be one who:

• Moves a victim only if his or her life is endangered.
• Asks a conscious victim for permission prior to initiating care.
• Checks whether any life-threatening conditions exist before providing additional care.
• Calls for professional emergency assistance by contacting 911 or a local emergency number.
• Continues to provide care until more highly trained personnel can arrive on the scene.

It’s important to note that although laws do exist offering a degree of protection to “Good Samaritans,” this is not necessarily a guarantee someone cannot or will not sue. Therefore, consultation with legal counsel regarding exposure to liability when providing emergency care as well as to ascertain what protection exists under state Good Samaritan laws is highly recommended.

The Medical Reserve Corps site, http://www.medicalreservecorps.gov/HomePage , contains an overview of Good Samaritan law, as well as a list of individual state statutes. The National Conference of State Legislators web site, www.ncsl.org/programs/health/aed.htm, contains information regarding state laws relating to AEDs.

 
Please Note: This material is provided as general information and is not a substitute for legal or other professional advice. Contact the Knowledge Center for more information.
 

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• Moves a victim only if his or her life is endangered.
• Asks a conscious victim for permission prior to initiating care.
• Checks whether any life-threatening conditions exist before providing additional care.
• Calls for professional emergency assistance by contacting 911 or a local emergency number.
• Continues to provide care until more highly trained personnel can arrive on the scene.

It’s important to note that although laws do exist offering a degree of protection to “Good Samaritans,” this is not necessarily a guarantee someone cannot or will not sue. Therefore, consultation with legal counsel regarding exposure to liability when providing emergency care as well as to ascertain what protection exists under state Good Samaritan laws is highly recommended.

The Medical Reserve Corps site, http://www.medicalreservecorps.gov/HomePage , contains an overview of Good Samaritan law, as well as a list of individual state statutes. The National Conference of State Legislators web site, www.ncsl.org/programs/health/aed.htm, contains information regarding state laws relating to AEDs.