Physicians are trained to save lives and provide critical care in emergencies, but what happens when a doctor encounters a medical crisis outside of their regular practice? Whether it’s an accident on the road or a medical emergency in a public setting, physicians may often feel a professional obligation to intervene.
While this instinct aligns with their duty to care for others, physicians need to understand the legal implications of stepping in during an emergency.
The Good Samaritan Law and its protections
One of the key legal protections for physicians who assist in emergencies is the Good Samaritan law. This law exists in Illinois and is designed to protect licensed healthcare providers from liability when they voluntarily assist in an emergency. The goal is to encourage bystanders with medical knowledge to help without fearing legal repercussions if something goes wrong.
For physicians, the Good Samaritan law typically applies under the following conditions:
- The aid is provided voluntarily: The physician must not have a legal duty to help, such as when they are already employed or contracted to provide care at that location.
- The care is given in good faith: Physicians must act in a way that they believe is appropriate under the circumstances, without reckless behavior or intentional harm.
- No compensation is received: If a physician expects to be paid for their services during an emergency, the protection of the Good Samaritan law may no longer apply.
Physicians should be familiar with the Good Samaritan law to help manage their expectations when they step up in an emergency.
Scope of practice and standard of care
While the Good Samaritan law offers some liability protection, it does not completely absolve physicians of responsibility. If a physician intervenes in a medical emergency, they are expected to provide care that is within their scope of practice and training.
For example, if a cardiologist assists someone having a heart attack, they are expected to act according to their specialized training. However, if that same cardiologist attempts to perform an emergency surgery for which they have no formal experience, they could be held accountable for any harm caused. Physicians are still required to deliver care within the reasonable standards of their profession, even in emergency settings.
Physicians who get in legal trouble for stepping up in an emergency may fear the worst regarding their reputation and professional license. By seeking legal assistance, they can navigate this challenging crisis to help ensure that they can continue to provide life-saving care, as is their calling.