Comments on: Can Good Samaritans be sued for providing medical help? http://www.kevinmd.com/blog/2008/12/can-good-samaritans-be-sued-for.html medical blog Mon, 22 Mar 2010 02:10:11 -0400 http://wordpress.org/?v=2.8.4 hourly 1 By: Rogue Medic http://www.kevinmd.com/blog/2008/12/can-good-samaritans-be-sued-for.html/comment-page-1#comment-88823 Rogue Medic Tue, 23 Dec 2008 14:03:00 +0000 http://clients.emmense.com/kevinmd/2008/12/can-good-samaritans-be-sued-for-providing-medical-help.html#comment-88823 GiggleMed,<br/><br/>She sues people on the subway? :-) GiggleMed,

She sues people on the subway? :-)

]]> By: GiggleMed http://www.kevinmd.com/blog/2008/12/can-good-samaritans-be-sued-for.html/comment-page-1#comment-88822 GiggleMed Tue, 23 Dec 2008 12:39:00 +0000 http://clients.emmense.com/kevinmd/2008/12/can-good-samaritans-be-sued-for-providing-medical-help.html#comment-88822 Regardless of the rulings and opinions, what concerns me is that the attention this receives will undoubtedly cause a lot of good-hearted, well-intentioned people to give pause before acting.<br/><br/>You can imagine what I was thinking when a patient told me that she had a history of a "tubal litigation" :0) Regardless of the rulings and opinions, what concerns me is that the attention this receives will undoubtedly cause a lot of good-hearted, well-intentioned people to give pause before acting.

You can imagine what I was thinking when a patient told me that she had a history of a “tubal litigation” :0)

]]> By: Rogue Medic http://www.kevinmd.com/blog/2008/12/can-good-samaritans-be-sued-for.html/comment-page-1#comment-88815 Rogue Medic Tue, 23 Dec 2008 00:30:00 +0000 http://clients.emmense.com/kevinmd/2008/12/can-good-samaritans-be-sued-for-providing-medical-help.html#comment-88815 Anonymous 3:17,<br/><br/>The reason to carry liability insurance is to protect against judgments. You do not have to be drunk to be on the losing side. <br/><br/>The minority opinion, in this case, was that she does not deserve immunity from liability, because there is little reason to believe that a true emergency existed. The minority justices did not see any need to rewrite the law to come to this conclusion.<br/><br/>The purpose of the law is <i>not</i> to protect drunk and stoned people. The purpose is to prevent people from being sued for incidental damage. For example, you pull someone out of a car that is actually burning, but you break their arm. You have caused an injury. They would probably have been worse off, if you left them in the car. Without the Good Samaritan law, you are liable for that injury that you caused or contributed to.<br/><br/>The actual ruling is <a HREF="http://www.courtinfo.ca.gov/opinions/documents/S152360.PDF" REL="nofollow">here</a>. I recommend strong coffee. The first half is the majority opinion. That is the part I disagree with. The second part is the minority dissent. The dissenting justices find that she is not protected by the Good Samaritan law. I do not think you will have a problem with their reasoning. Anonymous 3:17,

The reason to carry liability insurance is to protect against judgments. You do not have to be drunk to be on the losing side.

The minority opinion, in this case, was that she does not deserve immunity from liability, because there is little reason to believe that a true emergency existed. The minority justices did not see any need to rewrite the law to come to this conclusion.

The purpose of the law is not to protect drunk and stoned people. The purpose is to prevent people from being sued for incidental damage. For example, you pull someone out of a car that is actually burning, but you break their arm. You have caused an injury. They would probably have been worse off, if you left them in the car. Without the Good Samaritan law, you are liable for that injury that you caused or contributed to.

The actual ruling is here. I recommend strong coffee. The first half is the majority opinion. That is the part I disagree with. The second part is the minority dissent. The dissenting justices find that she is not protected by the Good Samaritan law. I do not think you will have a problem with their reasoning.

]]> By: Anonymous http://www.kevinmd.com/blog/2008/12/can-good-samaritans-be-sued-for.html/comment-page-1#comment-88807 Anonymous Mon, 22 Dec 2008 20:17:00 +0000 http://clients.emmense.com/kevinmd/2008/12/can-good-samaritans-be-sued-for-providing-medical-help.html#comment-88807 Why is she right? Are you planning on drinking and then "rescuing" someone who is not in an emergency situation by doing exactly the wrong thing? Why is she right? Are you planning on drinking and then “rescuing” someone who is not in an emergency situation by doing exactly the wrong thing?

]]> By: Kim http://www.kevinmd.com/blog/2008/12/can-good-samaritans-be-sued-for.html/comment-page-1#comment-88804 Kim Mon, 22 Dec 2008 19:20:00 +0000 http://clients.emmense.com/kevinmd/2008/12/can-good-samaritans-be-sued-for-providing-medical-help.html#comment-88804 I had a coworker warn me I shouldn't walk around BLS certified without personal liability insurance...I didn't realize how right she was. I had a coworker warn me I shouldn’t walk around BLS certified without personal liability insurance…I didn’t realize how right she was.

]]> By: Anonymous http://www.kevinmd.com/blog/2008/12/can-good-samaritans-be-sued-for.html/comment-page-1#comment-88802 Anonymous Mon, 22 Dec 2008 15:58:00 +0000 http://clients.emmense.com/kevinmd/2008/12/can-good-samaritans-be-sued-for-providing-medical-help.html#comment-88802 So in case of a fire, you're supposed to call 911 and just watch the victim(s) suffer? So in case of a fire, you’re supposed to call 911 and just watch the victim(s) suffer?

]]> By: Rogue Medic http://www.kevinmd.com/blog/2008/12/can-good-samaritans-be-sued-for.html/comment-page-1#comment-88800 Rogue Medic Mon, 22 Dec 2008 14:49:00 +0000 http://clients.emmense.com/kevinmd/2008/12/can-good-samaritans-be-sued-for-providing-medical-help.html#comment-88800 The Legislature will probably rewrite the law to try to avoid this misinterpretation by 4 naive justices. Naive, when it comes to understanding the meaning of emergency assistance. The Legislature will probably rewrite the law to try to avoid this misinterpretation by 4 naive justices. Naive, when it comes to understanding the meaning of emergency assistance.

]]> By: Mark Scrimshire http://www.kevinmd.com/blog/2008/12/can-good-samaritans-be-sued-for.html/comment-page-1#comment-88799 Mark Scrimshire Mon, 22 Dec 2008 13:57:00 +0000 http://clients.emmense.com/kevinmd/2008/12/can-good-samaritans-be-sued-for-providing-medical-help.html#comment-88799 May be we will eventually see the state being named in a class action suit for inhibiting help being administered at the scene of an accident. May be we will eventually see the state being named in a class action suit for inhibiting help being administered at the scene of an accident.

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