The Right Thing to Do: Would YOU Step Up in an Emergency?

How the Good Samaritan Law Protects Physicians (and Non-Physicians) from Liability

You are a passenger on an airplane when the pilot asks, “Is there are a doctor on board?” Do you answer?

You are driving home from a busy day at work, and you see a person lying alone on the side of the road. He looks injured. Do you stop?

You are in the grocery store, and you see a teenager lying on the floor unconscious. It could be a drug overdose. Do you help?

The above are examples of when physicians must decide whether to help someone in an emergency. It is important to understand the basic legal implications of aiding in an emergency. Your understanding could mean the difference between life and death for someone who crosses your path. This article provides general information about Good Samaritan Laws and some basic legal tips about acting in an emergency.

Good Samaritan laws vary from state to state but generally provide legal protection for individuals who respond to an emergency and act in a reasonable manner. For a health care provider, a reasonable manner would be to act as best you can within the scope of your training as opposed to acting in a wanton manner. Note that if you act in a caring, prudent manner it is very likely you will prevail if a lawsuit were filed against you for aiding in an emergency. Example: using the grocery store example above, if you were to give Naloxone (“Narcan”) to the teenager and you did not give it in a reckless manner it would be unlikely to prevail in a negligence lawsuit against you.

Here are some suggestions:

• If the person is conscious, ask permission first before trying to help them.
• Call 911 as soon as possible. If another person is in the vicinity, have them call 911 if they have not already done so while you try to help the injured person.
• If there is an automated external defibrillator (AED) nearby and the injured person seems to have suffered cardiac arrest, that device can be used. Most states provide for immunity for using an AED in the absence of wanton misconduct.
• Do not feel obligated to attempt to help an injured person if doing so would put yourself at risk.
• Do not bill the person for your services.

August 31st is International Overdose Awareness Day (IOAD). It is a day intended to remember individuals lost to overdose, acknowledge the grief of the family and friends left behind, and renew commitment to end overdose and related harms. 

Link to video regarding Naloxone (“Narcan”) administration:  Recognizing & Responding to Opioid Overdose | HOPEDuPage, IL