The Good Samaritan Law

Paper Summary:

In this article, the writer discusses the implications of the Good Samaritan Law. The writer explains that such laws encourage individuals to come to the aid of those who need assistance during emergency situations without doubting if there are legal implications of their actions. The writer maintains that 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. The writer concludes that there are still precautionary measures and actions that everybody has to take when helping during emergency situations, especially when most of these situations are a matter of life and death.

From the Paper:

"It should be noted that the scope and limitations of the Good Samaritan Law vary from each state. In West Virginia, the Good Samaritan Law applies to medical and non-medical trained people who render emergency care to the victim provided that he/she did not charge the victim and that it is rendered in good faith. In Pennsylvania, the law does not apply to non-medically trained individual who rendered emergency service. In the District of Columbia, individuals who do not have a medical license to assist during emergency is immune from civil liability if they handover the victim to a licensed medical person. Both the physician and the paramedic are not held liable during emergency situation unless it is proven that negligence in handling the victim was committed and that they charge the patient for their service. Although the scope and limitations of the law vary from each state, it is noted that the common variables in implementing this law include the absence of remuneration in rendering service during emergency situations, positive, good-faith effort for helping the victim, and promptness and propriety of actions while delivering the service. And because the provisions of the law differs for each state, it is imperative to know and to understand the coverage of Good Samaritan Law in each state to know if future actions will make a person liable to existing moral and civil laws."

Sample of Sources Used:

• Medi-Smart University of Cincinnati. Emergency Care: Responsibilities and Alternatives from http://www.medi-smart.com/gslaw-ama.htm
• Barton, L. Good Samaritan Laws And AEDs.n Published March 4, 2004, from http://www.momsteam.com
• Legislative Assembly of Manitoba. Retrieved December 5, 2006, from http://www.gov.mb.ca
• Wagner, K. Good Samaritan Stature Under Scrutiny. Retrieved October 23, 2002 from http://www.law.com
• Massachusetts Law About Health Care, from http://www.lawlib.state.ma.us

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