A Good Samaritan is someone who stops to help a stranger in crisis simply because that person is in need.
In the past, when a healthcare professionals attempted to provide medical assistance to someone in a crisis, they put themselves at risk of litigation. Should the person they assisted decide that they don’t like the outcome of that help or they didn’t want it, they had the option to sue for damages.
With the passing of the Good Samaritan Act, medical professionals are now protected from litigious strangers and can feel free to assist when needed.
What Is the Good Samaritan Act?
The Good Samaritan Act is a piece of Florida legislation that protects medical providers from the consequences of their assistance should they stop to provide a stranger with medical care outside of a medical setting and without access to medical equipment.
For example, this means that if a medical provider is at a restaurant and someone has a medical emergency, they can step in and respond with medical care to the best of their ability until an ambulance arrives.
If the worst occurs and the patient does not have a positive outcome, the off-duty medical provider who assisted is not liable.
Are There Any Exceptions to the Good Samaritan Act?
Yes, there are a few, but not all are clearly defined. The first is that if a patient refuses medical care or help, the medical provider cannot continue. This is true in the medical setting as well, but it is only applicable when the patient is conscious.
Within the Good Samaritan Act, it also states that a medical professional who is off duty cannot be held liable for acting or not acting in response to a crisis as long as their choices would have been made by any “ordinary, reasonably prudent person.”
This is where the lines get hazy. One person’s definition of a reasonably prudent response may not be in agreement with someone else’s response. This means that it is possible for a medical provider to face charges if it is deemed that their attempt to help was not something that a reasonably prudent person might do to assist.
What if I Am Being Sued?
If you are a medical practitioner and facing a lawsuit based on your attempted treatment and care of a stranger outside of the medical setting, you have the option to respond. If you feel that the lawsuit is malicious or unfounded, contact Florida Healthcare Law Firm today to discuss how to respond, when to respond, and how to protect your career and your reputation in the process. We’re here to help make sure that you get the justice and support you deserve.
