Every state has a Good Samaritan law in one form or another. These laws are intended to protect those who come to the aid of another person out of human goodness and kindness without the expectation of a reward. The bottom line is that if a person is being paid to rescue somebody, the protection of a state’s Good Samaritan law isn’t available. That person who is acting in a rescue attempt is doing their job, and he or she can be held liable for their mistakes because they’re expected not to deviate from the standard of care that governs how they’re to respond in certain situations.
Nevada’s Good Samaritan Law
Nevada law 41.500 is the state’s Good Samaritan statute. It pivots on whether a person who is acting as a Good Samaritan was guilty of gross negligence, which would be extreme indifference or reckless disregard for the safety of others. Ordinary negligence might be a simple failure to notice a stop sign at an intersection and causing an accident or failing to repair a broken front porch step on an old house that breaks and causes the pizza delivery kid to break his leg. Gross negligence might involve driving 60 mph in a school zone or a doctor amputating the wrong leg of a patient when the correct leg was clearly marked.
What About Volunteer Doctors?
It’s not uncommon for doctors to volunteer on a personal rather than professional basis. In that context, a neurologist might volunteer to coach a youth baseball team. A Good Samaritan law example for that neurologist might be a child being hit in the head by a ball and rendered unconscious. If that doctor gratuitously cares for the child within the specified standard of care for an injury of that type until help arrives, that neurologist might fall under the protection of Nevada’s Good Samaritan law. Another Good Samaritan law example for that doctor might be a pedestrian who is a stranger being hit by a car in front of the doctor’s office. If the doctor ran out on the street to help the victim without the expectation of being paid, he or she would likely have the protection of the same law.
Is a Doctor Required to be a Good Samaritan?
Regretfully, the answer to this question is no. A doctor is not required to act as a good Samaritan. However, according to the American Academy of Family Physicians federal law does provide for Good Samaritan immunity for doctors who help patients who are suffering medical emergencies on flights. Canada and the United Kingdom have similar laws.
A doctor might even provide Good Samaritan assistance to a person in obvious distress and injure that person further. For example, a doctor might fracture a rib of the individual while performing CPR on him or her. The doctor remains protected by the Good Samaritan Rule, so long as he or she was acting in good faith and the victim suffered a sudden medical emergency. If you are the victim of a purported Good Samaritan, contact Benson & Bingham for a free and confidential consultation and case evaluation. After learning about what happened, we can advise you further on any legal options that might be available for you to pursue.