The other day, a client was telling me a story. While trying to describe somebody's personality, he said this:
"She's the type of person that will find fault in everything you do. If you push her off the tracks just seconds before she is about to be struck by a speeding locomotive, she'll sue you for bruising her leg and soiling her clothes."
And that reminded me of New York's Good Samaritan law, today's topic.
Common Law: No Good Deed Unpunished
In general, there is no duty to come to the aid of someone who has in an accident and urgent medical aid. But not long ago when you tried to make medical assistance to anyone and botched the rescue were the chances you would be sued. Therefore, it would not dare, educated audience rescue attempt.
Since the common law discouraged viewers from attempting to medical assistance to people in need, makeLegislature, was in recognition of this result, both unacceptable and undesirable, adopted in 2000, was generally regarded as the Good Samaritan law ".
Effect of the law
New York's Good Samaritan law carves out specific circumstances when a person not be held liable for ordinary negligence in attempting to provide medical aid. Instead, they will only be made liable in cases of gross negligence.
BigNegligence
Simply put, negligence, breach of ordinary care be exercised. Gross negligence means a failure to even slight care, use, or is the behavior that careless enough to show complete disregard for the rights and safety of others.
If it is
The law is not found in a central part, but in various provisions of the New York Public Health Law and the New York Law integrated education.
It is important that New York 's Good SamaritanAct is to limit medical treatment or assistance. The centerpiece of the Act is found in the pub. Health Law § 3000-one, which provides, inter alia:
Any person who voluntarily and without expectation of financial compensation for providing first aid or emergency treatment at the scene of an accident or other emergency outside a hospital, doctor's office or other place where they have appropriate and necessary medical equipment to a person who is unconscious is ill or injured, shall not be liable for any damages liable for injuriesallegedly been made by that person or for damage allegedly sustained in the death of that person for any act or omission occurred in the presentation of this emergency treatment unless it is established that such injuries or death were it was caused by gross negligence of such person.
Voluntary Act; no expectation of financial compensation
An important issue here is that the person act both on a voluntary basis and without theExpectation of financial compensation. This is important, because extending the protection to dentists (Educ. on Law § 661 [6]), doctors (Educ. Law § 6527 [2]), nurses (Educ. Law § 6909 [1]), physicians, Wizard (Educ. Law § 6547) and physiotherapists (Educ. Law § 6737) unless they are in a place that has reasonable and necessary medical equipment and are not making their professional or licensed services in the ordinary course of their proceedings.
Automated ExternalDefibrillator (AED) and epinephrine auto-injector (Epi-pen) Devices
The law is somewhat different, but for emergency health care providers, or the persons or companies buying or available Automated External Defibrillator (AED) equipment, or epinephrine auto-injector devices. In these cases, which are made by the emergency medical care providers, individuals or companies not liable for the use of the device, if a person voluntarily and without expectation of monetaryCompensation makes first aid or emergency medical treatment and are furthermore not be held liable for the use of improperly manufactured equipment.
However, the law provides explicitly that it does not limit claims against emergency health care providers, natural or legal person who purchased or made available to that device from its own negligence, gross negligence or willful misconduct. Pub. Health Law § 3000-a (2). See also, Pub. Health Law § 3000-b (Automated External Defibrillators) andPub. Health Law § 3000-c (epinephrine auto-injector).
Go Ahead, to be a hero
Once again, it is safe to play superheroes, but remember to use at least ordinary care.
(Note: paramedics and rescue services are voluntary 3013) without further technical requirements under Pub. Health Law §.
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