Is your local Good Samaritan law absurd?

8 09 2008

Here is a medivac scene from a terrible motorcycle accident in Miami. It brings to mind the two things that I would want most if I were the victim… one: a great Doctor, and two: a great south florida personal injury attorney.

South Florida is no different from most of this country with it’s particular implementation of the “Good Samaritan Law”. I’m going to include some of it here for my argument:

(2)(a)  Any person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment either in direct response to emergency situations related to and arising out of a public health emergency declared pursuant to s. 381.00315, a state of emergency which has been declared pursuant to s. 252.36 or at the scene of an emergency outside of a hospital, doctor’s office, or other place having proper medical equipment, without objection of the injured victim or victims thereof, shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.

This was excerpted from section 768.13 of the State of Florida Torts Code regarding “immunity from civil liability“.

I think most versions of the “Good Samaritan Law” are absurd NOT laws. WIthout them this country would be much worse off. I for one want medical professionals to help me during an emergency to the best of their ability without fear of being sued.

What do you think ???  Leave me a comment and I will respond same day service. Thanks !!

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2 responses

11 09 2008
Harvey Friedman

We sure need Good Sam laws to protect caregivers. The point that has always concerned me is when medical professionals make a mistake that turns their patient into a victim.

12 09 2008
Marc

Indeed, emergency responders have enough to think about as it is.

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