Kelly a. Wagner of Connecticut Law Tribune has written in an article entitled Good Samaritan Statute Under Scrutiny that a patient dies because of the Turkey sandwich given to her while she was on board with the paramedics while going to the hospital. It was found out that the patient has no teeth or salivary glands, which led to the choking of the patient. It was argued that the paramedics should have known the medical condition of the patient. The situation then could have been avoided. The suspect's attorney argued that the employees do not have any civil liability because the Good Samaritan Law covered what happened. The law, which was passed in 1963, offers immunity from liability for dentists, school personnel, police, firemen, EMTs and others who provide emergency medical assistance or first aid during a crisis. (Wagner, 2002, Good Samaritan Statute Under Scrutiny, par. 14). The final verdict was in favor of the victim because the court found out that there was failure in rendering proper care to the patient and the incident happened while the paramedics were performing their duties.
There are also moral and ethical implications of the Good Samaritan Law. A physician who is not in emergency call during the time of the accident which also happened outside the hospital is not required to assist the victim whom he/she has not yet established any patient-physician relationship with. Although, the Good Samaritan Law exempts him from helping the victim, non-assistance in the part of the physician contradicts and breaches the Code of Medical Ethics. The website of Medi-Smart states that the American Medical Association Council of Ethical and Judicial Affairs Opinion 8.11, "Neglect of Patients," specifies that, although physicians are free to choose whom to serve, they should...
16) Therefore, failure to assist during emergency situations will require disciplinary action against the physician.
Individuals who are not covered by the Good Samaritan Law identified by a certain state's provision will face legal consequences especially if it is proven that the individual who rescued the victim at an emergency situation has committed gross negligence. If the offender is a physician or any licensed medical practitioner, committing gross negligence can forfeit and invalidate their licenses and they can be terminated from work. Non-medically trained individuals may face lawsuits or legal charges against them. On the part of the victim, it will cause his/her safety and can even lead to death.
In general, Good Samaritan Laws are established to protect rescuers from civil liability when providing emergency care. This in effect, motivates people to help others during emergency situation. However, there are still precautionary measures and actions that everybody has to take when helping during emergency situations especially that most of these situations are a matter of life and death.
Bibliography
Medi-Smart University of Cincinnati. Emergency Care: Responsibilities and Alternatives at http://www.medi-smart.com/gslaw-ama.htm
Barton, L. Good Samaritan Laws and AEDs.n Published March 4, 2004, at http://www.momsteam.com
Legislative Assembly of Manitoba. Retrieved December 5, 2006, at http://www.gov.mb.ca
Wagner, K. Good Samaritan Stature Under Scrutiny. Retrieved October 23, 2002 at http://www.law.com
Massachusetts Law About Health Care, at http://www.lawlib.state.ma.us
