Good Samaritan Laws Under Assault

Many EMS providers work as volunteers on the side in their communities.  A recent California court ruling against Good Samaritan laws could put the entire volunteer fire and EMS system in the U.S. in jeopardy.

What will bystanders at MVAs and cardiac arrests do if they fear a lawsuit after they tried to save a life?

In this court ruling, the judge ruled that a woman could sue a bystander who pulled her out of a wrecked care and possibly caused her to become a parapalegic.  The judge said that the bystander could not hide behind the “Good Samaritan Defense” but must exercise due caution in any rescue situation.

The injured woman’s attorney said she was pulled from the wrecked vehicle “like a rag doll.”  The rescuer said she feared the car was going to explode and was trying to protect the victim by pulling her to safety.  This case calls into question what protections really exist for bystander rescuers in emergency situations.

Every state’s Good Samaritan protections are different.  This story provides you a good opportunity to review your state’s protections on volunteer and bystander aid in emergencies.  Check with your local training officer about bringing in an attorney to discuss the particulars of the law from a rescuer perspective.

Contact your state’s Attorney General’s office for information and interpretation of the law at that level.  Ask them to review the California case and issue an official statement about the California case and how it relates to emergency services in your state.

If you find a good answer for your area, respond back to me here at the MedicCast either by email at podmedic@mac.com or comment using the link below.