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Good Samaritan Laws Jennifer Li, MD Good Samaritan Laws Jennifer Li, MD

Good Samaritan Laws Jennifer Li, MD - PowerPoint Presentation

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Good Samaritan Laws Jennifer Li, MD - PPT Presentation

Objectives Describe the goals of Good Samaritan Laws Define the criteria that must be met for Good Samaritan Laws to be applicable Recognize how location is relevant to the utilization of Good Samaritan Laws ID: 926924

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Slide1

Good Samaritan Laws

Jennifer Li, MD

Slide2

Objectives

Describe the goals of Good Samaritan Laws

Define the criteria that must be met for Good Samaritan Laws to be applicable

Recognize how location is relevant to the utilization of Good Samaritan Laws

Identify when you are legally obligated to help

Discuss the obligations and protections in place for in-flight emergencies

Slide3

Pretest

Slide4

Question: True or False?

All 50 states and the District of Columbia have some form of the Good Samaritan law.

Slide5

Answer

True

Slide6

Question: True

or False?

Good Samaritan laws protect providers from having to go to court.

Slide7

Answer

False

Good Samaritan laws do not protect providers from being named in a lawsuit. Providers may still need to go to court and assert themselves.

Slide8

Question: True

or False?

Emergency Medicine physicians are required to respond to medical emergencies on a plane.

Slide9

Answer

False

Slide10

Question: True

or False?

In all 50 states, there is no legal obligation to provide Good Samaritan care.

Slide11

Answer

False

Rhode Island, Minnesota, and Vermont have laws that make it a crime if Good Samaritan care is not provided.

This is the expectation for both professional healthcare providers and laypersons.

Slide12

Question: True

or False?

Licensed physicians acting as Good Samaritans are covered anywhere in the United States, regardless of the state(s) in which they have a medical license.

Slide13

Answer

False

Exception: Kentucky

All states except Kentucky provide legal coverage for any licensed physician providing Good Samaritan emergency care in that state, regardless of the state(s) in which the physician has a medical license.

Kentucky provides legal coverage only to physicians licensed in Kentucky.

Slide14

Question for Discussion

If a flight attendant was to ask if there was a doctor on board to assist another passenger, raise your hand if you would volunteer to help.

Why or why not?

Slide15

Good Samaritan Laws

Goals

:

To encourage healthcare providers to provide potentially life-saving care to those in need when the providers have no duty to do so

To protect healthcare providers from civil liability for any acts, omissions, or injuries occurred when delivering emergency care to victims

Slide16

For Good Samaritan Laws to be Applicable…

The situation must be an

emergency

The services rendered must be

voluntary

The victim receiving care must be accepting of it - obtain

consent

whenever possible

The care provided must be rendered

free of charge

The care performed must be done “

in good faith

” to help

The care provided

cannot be considered as gross negligence or willful misconduct

Slide17

Negligence

Ordinary negligence

: The person providing aid did not perform as a reasonable health care provider would under similar circumstances.

In general, Good Samaritan Laws provide immunity from civil damages for injuries or death that are due to ordinary negligence

Gross negligence

: The person did not follow the accepted standard of care. A “conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party.” Their actions were “willful, wanton, or even malicious.”

Good Samaritan Laws typically do not protect against allegations of gross negligence

Slide18

What Type of Negligence?

Scenario

: You witness an individual go into cardiac arrest while at a party. You perform CPR by yourself the best that you can, alternating compressions and rescue breaths at a ratio of 15:2. However, the individual does not survive. When EMS personnel arrive, they note that the compressions and rescue breaths should have been performed at a ratio of 30:2.

Is this ordinary or gross negligence?

Slide19

Answer

Ordinary negligence

Slide20

What Type of Negligence?

Scenario

: You witness an individual go into cardiac arrest while

at a party. You start to perform CPR but then suddenly stop when someone tells you the individual is a known gang member.

Is

this ordinary or gross negligence?

Slide21

Answer

Gross negligence

Slide22

Good Samaritan Laws do

not

protect physicians who have a pre-existing duty to provide care for a patient.

Examples of

Pre-existing Duty

:

If the victim is the provider’s current patient

If the physician has a contractual obligation to provide care to the victim

If there is an on-call agreement for which the physician is required to provide services.

Duty

Slide23

Do You Have Good Samaritan Protection?

Scenario

: You volunteer to provide first-aid at a high school soccer game, without pay, and a player develops a severe asthma attack and is in respiratory distress.

Slide24

Do You Have Good Samaritan Protection?

The answer for this scenario is ambiguous. You may not necessarily have protection because of the duty implied in your agreement to serve in the role to provide first-aid.

Slide25

Let’s Look at A Real Life Case…

Slide26

Boccasile

v

Cajun Music Limited

Rhode Island - 1989

Aline Champoux, RN, and Dr. Sara John volunteered to staff a first-aid station at the Cajun Music Festival

They were informed that “there was a man having a problem on the hill” during the event

Dr. John and members of the first aid crew went to provide emergency care. Nurse Champoux stayed at the first aid tent.

Dr. John discovered that the patient, Ralph Boccasile was experiencing an allergic reaction to seafood gumbo. Dr. John stayed with Boccasile while others went back to the tent to get medication and to call an ambulance.

Slide27

Within a few minutes, someone returned with an

EpiPen

. Dr. John injected it into the patient’s thigh. Nurse

Campoux

joined Dr. John.

Boccasile

lost consciousness.

Dr. John began resuscitative efforts and continued until EMS arrived.

Boccasile never regained consciousness and died the next day.

Boccasile’s widow sued Dr. John and Nurse Champoux, alleging that they were negligent by failing to bring the medical equipment to the scene. She also claimed that Dr. John and Nurse Champoux were not protected by the Good Samaritan law because they had volunteered their services at the music festival, thereby establishing a pre-existing duty.

Dr. John and Nurse Champoux felt that because they were volunteers and were not paid for their services, they were covered by the Good Samaritan law.

The case was dismissed in favor of Dr. John and Nurse

Campoux

based on Good Samaritan law.

Boccasile

v

Cajun Music Limited

Slide28

Location Matters

Most Good Samaritan laws apply solely to care provided outside the hospital, clinic, or doctor’s office

However, in some states such as Colorado, Good Samaritan laws protect physicians who provide Good Samaritan care in a hospital

E

xample: If a physician is rounding on their patients and responds to an urgent request by staff to attend to another physician’s patient who becomes acutely unstable

Contingent upon it being outside the normal scope of the physician’s responsibilities, the physician has no duty to respond, and there is no additional pay

Slide29

Real-Life Case in Texas from 1998

Good Samaritan Law covered physician responding to in-hospital emergency.

Dr. Douglas McIntyre, an OB/GYN, happened to be visiting a patient on the labor and delivery floor when he heard a page for “Dr. Stork,” which signals that a physician’s assistance is immediately needed for a patient in labor.

The patient, Ms. Ramirez’s labor had progressed rapidly and her own OB physician was not present.

By the time Dr. McIntyre arrived to the room, the baby’s head had been delivered but there was shoulder dystocia. The baby was eventually delivered vaginally, but sustained neurologic damage and paralysis to the right shoulder and arm.

Ramirez sued Dr. McIntyre for negligence.

The Texas Supreme Court ruled in favor of Dr. McIntyre, stating that it was

outside the normal scope of the physician’s

responsibilities and there was no

additional pay

.

Slide30

Another

P

hysician

W

as Not so Lucky…

Real-life case in New Jersey from 2002

Dr. Teresa Jiminez was the OB/GYN of the patient, Germane Velasquez

Ms. Velasquez’s vaginal delivery was c/b shoulder dystocia

After delivering the head, Dr. Jiminez called for help

Dr. Angela Ranzini, an OB/GYN physician assigned to the maternal fetal care unit, responded. Dr. Ranzini had no affiliation with Ms. Velasquez, and the patient was not on the maternal fetal unit.

After attempts to delivery the baby vaginally were unsuccessful, the two OB/GYN physicians performed a C-section

The baby was born with severe brain damage and died of pneumonia at age 2 years old

Slide31

The Velasquez family sued the medical center, Dr. Jiminez, and Dr. Ranzini for

negligence

Dr. Ranzini claimed she was immune from liability by the state’s Good Samaritan law because she had no duty to respond

However, the New Jersey Supreme Court felt that Dr. Ranzini was not

someone who came upon the emergency "by

chance.” They ruled that the state’s Good Samaritan law is not applicable to physicians working within a hospital.

Another

P

hysician

W

as Not so Lucky…

Slide32

Emergency Medicine practice groups that have a contract to provide coverage on the hospital floors for emergencies and procedures are not protected by the Good Samaritan laws, because they have already accepted reimbursement for the response beforehand

Slide33

Are you Legally Obligated to Help?

Scenario

: You are driving home from work when a car in front of you is T-boned by a truck. The car spins out of control and hits a tree. The driver of the car is slumped over in the seat.

Slide34

Are

You Legally Obligated

to

Help

?

No, unless your state has a “duty-to-act” law

Slide35

“Duty-To-Act” Laws

Rhode Island, Minnesota, Vermont

If a physician (or any person) does not provide assistance and instead leaves a scene in which an individual required emergency medical treatment, they can be in violation of the law.

Penalties for Violation of the Statute:

Rhode Island

: Petty misdemeanor. 6 month imprisonment, fine up to $500, or both.

Minnesota

: Petty misdemeanor

Vermont

: Fine of not more than $100

Slide36

All

50 states and the District of Columbia have some form of the Good Samaritan

law

However, no two jurisdictions apply the same language in their

laws

Know the laws in your state

jurisdiction

If aid is provided, it only needs to be

stabilization

All states and the District of Columbia’s Good

Samaritan Laws exempt people from liability when using automated external defibrillators (AEDs) in an

emergency

Variations in State Good Samaritan Laws

Slide37

Variations in State Good Samaritan Laws

Some states only provide protection for trained providers

8 states (California, Connecticut, Illinois, Indiana, Kansas, Louisiana, Missouri, Oregon) do not provide protection for individuals with no training at all

All states except Kentucky have statutory language that protect physicians licensed in any other state as well

Slide38

Most states require that the emergency care provided occur at or near the scene of the accident or emergency

If a physician charges a fee for medical care provided in an emergency situation, Good Samaritan laws generally will not protect the physician

Variations in State Good Samaritan Laws

Slide39

Table: Summary of Good Samaritan Laws in All 50 States and the District of Columbia

Who is protected?

Column 1

: The state’s statute protects

any person

who acts as a Good Samaritan, including physicians.

Column 2

: The state’s statute has language that protects

health-care personnel

licensed in any state.

Column 3

: The state’s statute specifically mentions that

physicians licensed in

any

state

acting as Good Samaritans are protected in that particular state.

Column 4

: The state’s statute specifically mentions that

physicians licensed within

that

state

itself have protection.

Slide40

Slide41

Slide42

Stewart PH, Agin WS, Douglas SP. What does the law say to good samaritans?

Chest.

2013; 143(6): 1774-1783.

Slide43

Do Physicians Have an Ethical Duty to Respond?

American Medical Association’s (AMA) Code of Medical Ethics

:

“A physician shall, in the provision of appropriate patient care,

except in emergencies

, be free to choose whom to serve, with whom to associate, and the environment in which to provide medical care

.”

AMA’s Council of Ethical and Judicial Affairs

:

Physicians should “respond to the best of their ability in cases of emergency where first aid treatment is essential.”

Slide44

Do

Physicians Have

an

Ethical Duty

to

Respond

?

World Medical Association’s

International Code of Medical Ethics

: “A physician shall give emergency care as a humanitarian duty unless he/she is assured that others are willing and able to give such care.”

Slide45

When to Hand over Patient Care…

Physicians who offer aid should not leave the scene until a provider of at least comparable capability can assume care of the patient

Otherwise, the physician can be charged with abandonment

Some possible scenarios:

Leaving the scene once experienced EMS providers have arrived

Traveling along with EMS and the patient to the hospital where patient care is handed off from one physician to another physician

Slide46

What Happens in the Air…

In the United States, Canada, and United Kingdom, physicians are not legally obligated to provide assistance during in-flight emergencies

Slide47

For those that do help in the air…

Aviation

Medical Assistance Act of 1998

:

Federal

statute that covers aircraft registered in the United States, even if they are outside U.S. airspace

A

medically qualified individual

have

Good Samaritan protection and “shall not be held liable for damages in any action brought in a Federal or State court arising out

of… providing

or attempting to provide assistance in the case of an in-flight medical emergency

unless the individual, while rendering such assistance, is guilty of gross negligence or willful misconduct

.”

Slide48

Definition

Medically Qualified Individual

:

“Any healthcare practitioner who is “licensed, certified, or otherwise qualified to provide medical care in a

S

tate, including a physician, nurse practitioner, physician assistant, nurse, paramedic, and emergency medical technician.”

Slide49

Remember that the Good Samaritan provider must receive

no

monetary compensation.

Seat upgrades, credit for travel miles, or travel vouchers do not count as monetary compensation. They should be viewed as a “token of gratitude” from the airline for the provider’s inconvenience.

Slide50

Aviation Medical Assistance

Act

Also protects airline companies registered in the U.S. from liability sustained in “obtaining or attempting to obtain the assistance of a passenger in an in-flight emergency, or out of the acts or omissions of the acts of the passenger rendering the assistance…if the carrier

in good faith

believes that the passenger (that provides aid) is a medically qualified individual.”

“In good faith” requirement met when airline employees ask if the person who volunteers assistance is a health care provider. Flight crew may ask for some proof of licensure or documentation of medical credentials.

Slide51

Resources Available on Planes

Federal Aviation Administration (FAA) requires any plane weighing 7,500 pounds or more and carrying at least 1 flight attendant must have an automated external defibrillator (AED)

FAA also requires emergency medical kit (with IV supplies, medications, syringes) be available

Basic first aid supplies oftentimes stored separately

Most U.S. airlines have 24/7 access to emergency physicians who can be consulted if necessary

Slide52

Laws on International Flights

The laws of the country in which the airline is based are applied

Example: On a flight from New York to Australia on Qantas Airlines, Australian law (which says you have a duty to act) would be in effect

Some countries such as

Australia, France,

and Germany

legally mandate

that physicians provide aid. If not, the physician can be fined or imprisoned.

Slide53

To Land or Not to Land the Plane…

Do not take the responsibility of deciding whether or not a plan gets diverted due to a medical emergency. Leave that decision to the pilot or captain. Instead, provide your medical opinion about the patient’s condition.

Slide54

Post-test

Slide55

Question: True or False?

All 50 states and the District of Columbia have some form of the Good Samaritan law.

Slide56

Answer

True

Slide57

Question: True

or False?

Good Samaritan laws protect providers from having to go to court.

Slide58

Answer

False

Good Samaritan laws do not protect providers from being named in a lawsuit. Providers may still need to go to court and assert themselves.

Slide59

Question: True

or False?

Emergency Medicine physicians are required to respond to medical emergencies on a plane.

Slide60

Answer

False

Slide61

Question for Discussion

If a flight attendant was to ask if there was a doctor on board to assist another passenger, raise your hand if you would volunteer to help.

Why or why not?

Slide62

Question: True

or False?

In all 50 states, there is no legal obligation to provide Good Samaritan care.

Slide63

Answer

False

Rhode Island, Minnesota, and Vermont have laws that make it a crime if Good Samaritan care is not provided.

This is the expectation for both professional healthcare providers and laypersons.

Slide64

Question: True

or False?

Licensed physicians acting as Good Samaritans are covered anywhere in the United States, regardless of the state(s) in which they have a medical license.

Slide65

Answer

False

Exception: Kentucky

All states except Kentucky provide legal coverage for any licensed physician providing Good Samaritan emergency care in that state, regardless of the state(s) in which the physician has a medical license.

Kentucky provides legal coverage only to physicians licensed in Kentucky.

Slide66

Summary

For Good Samaritan Laws to be applicable:

The situation must be an

emergency

The services rendered must be

voluntary

The victim receiving care must be accepting of

it Obtain

consent

whenever

possible

The care provided must be rendered

free of

charge

The care performed must be done “

in good faith

” to

help

The care provided

cannot be considered as gross negligence or willful

misconduct

Know the laws in your state

jurisdiction

Slide67

References

Boccasile v Cajun Music

Limited et al, Rhode Island

694 A2d

686, 1997.

Brown

SM. Good samaritan laws: protections and limits.

RN Legally Speaking.

1999; 62(11): 65-68

.

Dachs RJ, Elias JM. What you need to know when called upon to be a good samaritan.

Family Practice Management.

2008; 4: 37-40.

Isakov A. Management of inflight medical events on commercial airlines. In: UpToDate, Waltham, MA, 2018

.

Matt SB. Good samaritan laws: will I be protected if I help?

The nurse practitioner.

2018; 43(3): 52-54.

McGrane K, Moore GP, Cookman L. Special report: Good samaritan law and the emergency physician: where are you covered?

Relias Media.

2009; 1-7.

McIntyre v. Ramirez, Texas No. 01-1203, June 26, 2003

.

Stewart PH, Agin WS, Douglas SP. What does the law say to good samaritans?

Chest.

2013; 143(6): 1774-1783.

Velasquez v. Jiminez, New Jersey No. A-105-00, May 29, 2002.