Sunday, December 21, 2008

Who is protected by Good Samaritan Laws?

A recent decision by the California Supreme Court has raised some eyebrows among emergency responders.

In a 4-3 decision the Supreme Court of California ruled that the 1980 Emergency Medical Service Act does not confer Good Samaritan protection to untrained citizens who stop and render aid at an emergency scene.

Here’s a news story about the ruling: http://abcnews.go.com/TheLaw/Story?id=6498405&page=1

Good Samaritan laws are covered in Chapter 9 in FOLH and Legal Considerations. What is important to keep in mind is that there is no “typical” Good Samaritan law. The California law was part of a section that addressed emergency medical services, which no doubt contributed to the court’s ruling. Many states have Good Samaritan laws that are not part of their EMS statutes, and thus are not so limited in scope as the California law in question.

No comments: