Good Samaritan Law applicable to physicians?

[NufinButTheToof]

I was wondering, Is the good samaritan law applicable to physicians?

What if someone who is a doctor (or anyone in trained in any healthcare field for that matter) were to say.. come upon someone who was severly injured in the street. Then what if that person who the doctor tried to help ended up dying or was severly disabled therafter. (whether the doctor did anything wrong or not).

Would the injured person and/or their family be able to sue the doctor for doing something wrong if they were only trying to help.

For most normal citizens the good samaritan law protects them from this. But I was wondering if this same law would protect a doctor in the same situation?

If not, why?

I have heard that some doctors just drive past car wrecks or other similar situations when they may have been able to help. Simply because they don't want to get invovled and possibly be sued.

[Solideliquid]

I think the law doesn't apply to doctors. The argument would be that you are a medical professional, and that sets you apart from the ordinary citizen. If you did something wrong and the person died, or the person died and you tried your best without mistakes the family may still try to sue you.

Unfortunately there are people out there that would take advantage of a situation like this and try to take you for all you're worth. Nice eh? Four years of med school and four or more years of residency and stopping on the side of the road to help a helpless accident victim can cost you everything you own.

[NufinButTheToof]

Originally Posted by Solideliquid

I think the law doesn't apply to doctors. The argument would be that you are a medical professional, and that sets you apart from the ordinary citizen. If you did something wrong and the person died, or the person died and you tried your best without mistakes the family may still try to sue you.

Unfortunately there are people out there that would take advantage of a situation like this and try to take you for all you're worth. Nice eh? Four years of med school and four or more years of residency and stopping on the side of the road to help a helpless accident victim can cost you everything you own.

That's a shame the system doesn't protect doctors. As if some doctor would really have something to gain from stopping while off duty to help someone in an accident.

Now I understand why no doctors want to help anyone or mention that they are medically trained if it can be used against them. What a pity!

[Squad51]

Originally Posted by Solideliquid

I think the law doesn't apply to doctors. The argument would be that you are a medical professional, and that sets you apart from the ordinary citizen. If you did something wrong and the person died, or the person died and you tried your best without mistakes the family may still try to sue you.

Unfortunately there are people out there that would take advantage of a situation like this and try to take you for all you're worth. Nice eh? Four years of med school and four or more years of residency and stopping on the side of the road to help a helpless accident victim can cost you everything you own.

Actually, Good Sam laws do apply to doctors and trained healthcare professionals. That is, in fact, why the laws were authored. You have to remember the components of a tort case. First, you must have a duty to act, then you must breech that duty. There must be damage to another, and your breech of duty must be the proximate cause of that damage. Good Sam laws come in to relieve you of that "duty to act" and thus remove an essential component of a tort case. As long as you do not get paid for your assistance, nor are you obligated to respond through affiliation with a volunteer rescue organization, you are relieved of your "duty" to act under the Good Sam laws. So a medical professional you can provide assistance without fear of suit. A layperson always could, because there was never a presumption of a duty to act...

[velo]

Originally Posted by NufinButTheToof

I was wondering, Is the good samaritan law applicable to physicians?

What if someone who is a doctor (or anyone in trained in any healthcare field for that matter) were to say.. come upon someone who was severly injured in the street. Then what if that person who the doctor tried to help ended up dying or was severly disabled therafter. (whether the doctor did anything wrong or not).

Would the injured person and/or their family be able to sue the doctor for doing something wrong if they were only trying to help.

For most normal citizens the good samaritan law protects them from this. But I was wondering if this same law would protect a doctor in the same situation?

If not, why?

I have heard that some doctors just drive past car wrecks or other similar situations when they may have been able to help. Simply because they don't want to get invovled and possibly be sued.

It absolutely applies to physicians. I had a behavioral science qbank question about this the other day

As long as you provide the standard of care and don't overreach your level of training you're 100% protected. They can sue, but they will lose.

[Solideliquid]

After a little searching on the net I agree with the above. It does seem to apply to physicians.

BUT- As a medical professional, stopping to assist someone on the side of the road DOES open you to increased risk of litigation. Even though the judge could potentially throw out the case, observing the good sam. law I don't think I would want to chance it myself.

There have been too many crazy judges doing crazy things in the courts lately.

[flighterdoc]

Originally Posted by Solideliquid

After a little searching on the net I agree with the above. It does seem to apply to physicians.

BUT- As a medical professional, stopping to assist someone on the side of the road DOES open you to increased risk of litigation. Even though the judge could potentially throw out the case, observing the good sam. law I don't think I would want to chance it myself.

There have been too many crazy judges doing crazy things in the courts lately.

Thats right. Good Samaritan laws (each state has a slightly different one) is usually an AFFIRMATIVE defense - that means you have to go to court with your lawyer (who gets paid by the hour, btw) and PROVE that the statute applies to you.

In the mean while, the plantiffs lawyer a-hole will be attempting to prove that you aren't covered by the law. For example, that your treatment wasn't appropriate (the Kaplan review has something about swinging a neck injury around by the ears to realign everything), or conversely, that it wasn't agressive enough.

BTW, the prohibition on receiving any compensation is very specific - save a restaurant owners wife and go get a comped (or discounted) meal? Congrats, you are now paid....get out your check book.