Good Samaritan Law: Impact on Physician Rescuers
Good Samaritan Law: Impact on Physician Rescuers
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SPECIAL SECTION: Energy Law
Vincent C. Thom
Recommended Citation Vincent C. Thom as, Good Samaritan Law: Impact on Physician Rescuers, 17 Wyo. L. Rev. 149 (2016). Available at: https://repository.uwyo.edu/wlr/vol17/iss1/7
Article 7
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Part of the Law Commons Recommended Citation
VOLUME 17
2017
NUMBER 1
GOOD SAMARITAN LAW:
IMPACT ON PHYSICIAN RESCUERS
Vincent C. Thomas*
CONCLUSION
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I. INTRODUCTION
The intent of Good Samaritan legislation is to protect persons who respond
to an emergency from civil liability. It helps encourage those who are at the scene
of an emergency situation to help those in need of assistance without the fear
* Vincent C. Thomas, MD, MHA is a medical doctor specializing in pediatric cardiology
and electrophysiology and an associate professor at the University of Nebraska Medical Center with
a master's degree in healthcare administration. Dr. Thomas would like to thank Professor Stacey
Tovino for her guidance and review of this paper. Dr. Thomas would also like to thank Alysia
Goldman and Al Walsh for their critical review and suggestions.
of legal ramifications in the future-thereby removing barriers to immediate
emergency care. However, Good Samaritan legislation is fragmented because each
state employs different protections for different groups. As a result, barriers to
immediate emergency care are still present, depending on the state in which an
emergency provider delivers care. This is particularly true on the part of medical
professionals as their standard of care is judged above that of the general public,
regardless ofwhether the emergency occurs inside or outside of the hospital setting.
The lack of uniformity in state Good Samaritan legislation leads to barriers in the
treatment of emergency victims and is in direct contrast to legislative intent and
public health initiatives. The rationale for uniform Good Samaritan law will be
reviewed as well as the basic components of uniform legislation. Commentary on
how the lack of uniformity affects physicians along with descriptions of case law
will further illustrate the need for uniformity in Good Samaritan legislation.
II. RATIONALE FOR GOOD SAMARITAN LAWS
The rationale for Good Samaritan law finds its basis in common law:
According to the California Court of Appeal in Colby v.
SchwartzOne who undertakes, gratuitously or for consideration, to render
services to another which he should recognize as necessary for the
protection of the other's person or things, is subject to liability to
the other for physical harm resulting from his failure to exercise
reasonable care to perform his undertaking, if (a) his failure to
exercise such care increases the risk of such harm, or (b) the harm
is suffered because of the other's reliance upon the undertaking.'
Thus, at common law, a physician could with legal impunity
refuse to aid a stranger in need of immediate medical care. But
a physician who stopped and gave aid created a doctor-patient
relationship and thereby assumed a duty of reasonable care
towards the patient. Further, under the exigent circumstances of
this type of medical care, the quality and quantity of a physician's
treatment is necessarily reduced. As a result, the chances of
medical failure are increased. Thus, notwithstanding a best
efforts attempt, a physician who rendered emergency medical
care became the natural target of malpractice actions.2
Restatement (Second) of Torts § 323 (1965).
2 Colby v. Schwartz, 78 Cal. App. 3d 885, 890 (1978).
GOOD SAMARYTAN LAW: IMPACT ON PHYSICIAN RESCUERS
In 1959, California became the first state to adopt a Good Samaritan statute
immunizing from tort liability a physician who "in good faith renders emergency
care at the scene of an emergency." 3 As stated in Velazquez v. Jiminez:
In sum, Good Samaritan legislation has, at its core, the goal of
encouraging the rendering of medical care to those who need it
but otherwise might not receive it (ordinarily roadside accident
victims), by persons who come upon such victims by chance,
without the accoutrements provided in a medical facility,
including expertise, assistance, sanitation or equipment.'
In Childs v. Weis, the court states "[a] physician is under no legal obligation
to practice his profession or render services to whomsoever may request them."'
For physicians and other healthcare professionals, the engagement as a rescuer
with a victim in need may imply the physician-patient relationship. According
to a comprehensive review of Good Samaritan laws by law Professor Victoria
Sutton, the rendering of emergency services by a rescuer establishes the
physicianpatient relationship in 48 states.' As a result, depending on the protections of the
various Good Samaritan state laws, physicians who act may establish a
physicianpatient relationship and b (...truncated)