The original Good Samaritan laws were written specifically to protect trained professionals from being sued if they voluntarily stopped at the scene of an emergency to offer aid. I don’t know how far these laws have morphed in other states but in Nevada, trained or untrained is not relevant as fas a Good Sam coverage goes. If the aid is given without payment, at the scene of an emergency (or a scene which is reasonably believed to be an emergency), the care giver is protected unless he/she commits gross negligence. I think the wording might even still be gross criminal negligence, but I’m not certain. If you exceed your level of training then you’ll probably have problems, but a physician has the same protection as a basic first aider. A Paramedic ends up in a pickle because their PM interventions are only allowed when working under a physicians orders/license/protocols etc., and that authorization (in NV) only applies when the PM is on duty at an agency which provides PM care with medical control. I don’t know how the interplay between Good Sam protections vs. practicing without a license would play out if a PM did a PM skill off duty.
Ditto… Sucks bud doesn’t it!
My cousin who happens to be an OB/GYN in the Rockford, IL area was sued recently for responding at an accident scene. He performed CPR on a guy that was screwed up pretty bad in a car accident. He managed to get the guy back, only to find out that the guy was suing him a few weeks later, mainly for breaking his ribs trying to get him back. Greed will be the downfall to this country.
That’s all about the size of it, in my reasoning. Things have gotten so that it’s tough to do much in life without worrying about legal repercussions; seems to me that has changed over my lifetime, where things I did as a kid would cause parents today to scream in horror (and probably speed-dial their lawyer).
I realize the scope and limitation of GS laws, and in general I think I’m better off as a “man on the street” if I ever have to intervene, than if I’m a certified medical care provider without an agency and medical direction behind me. I have to think that’s part of why people stand by and do nothing (or worse, take pics/video with their phones) when witnessing a medical emergency.
I’d do the best I could with what I have on me at the time.
If they want to sue me, go ahead… I have nothing in my name but my nine year old truck and about $60,000 in medical bills from when I got shot. Good luck. ![]()
They may not be able to collect right away, but courts can garnish your wages til the day you die.
Not if I move to Somalia and become a pirate… ![]()
Being sued wouldn’t be the worst thing that’s ever happened to me… the good guys always get shit on anyways.
Out of curiosity, what became of the lawsuit? Seems your cousin should have been able to have it dismissed out of hand, based on 745 ILCS 49/25
(at http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2076&ChapterID=58 , use the “find on page” function in your browser to find ILCS 49/25
The text is: “Sec. 25. Physicians; exemption from civil liability for emergency care. Any person licensed under the Medical Practice Act of 1987 or any person licensed to practice the treatment of human ailments in any other state or territory of the United States who, in good faith, provides emergency care without fee to a person, shall not, as a result of his or her acts or omissions, except willful or wanton misconduct on the part of the person, in providing the care, be liable for civil damages.
(Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)”
He shoulda been covered by the Good Samaritan law.
Before doing anything “off duty” I would run it by your management, who would have the best answers (not stop and call them during the situation, but ask them at work one day). Many public service organizations indemnify the employee so that they can help whenever or wherever they are.