Even if you are not a medical professional, you’ve most likely heard of the Good Samaritan law at one point in your life. Perhaps you learned about it in your health class from high school or you’ve heard it discussed on the news. The actual description of the law is likely a lot more complex than you might think, and even medical professionals can get confused by the nuances of the law. There are multiple layers to this law, and it can apply to a variety of circumstances. Medical professional or not, knowing about this law can be very useful. Below, we at Idaho Medical Academy explore the Good Samaritan law and how it can help you in your life. Check it out!
The Law
In general terms, Good Samaritan laws are designed to protect people who try to help in an emergency medical situation. Most states have their own Good Samaritan laws, and they can vary greatly based on the state and country. Good Samaritan laws protect the average citizen by offering immunity to those attempting to perform a medical service to someone who has been hurt or injured. For example, imagine you’re taking a walk with a friend. Your friend suddenly drops to the ground because their heart stopped, and they need CPR. In this instance, if you felt like you could help, you would be able to administer CPR and be granted immunity from lawsuits if your friend didn’t survive or was injured in some way. However, if you were to stop in the middle of administering CPR, you would not be granted immunity because you’ve engaged in gross negligence.
Gross Negligence vs. Ordinary Negligence
Something extremely important to Good Samaritan laws is gross negligence vs. ordinary negligence. This is essentially the difference between being granted immunity or not. Ordinary negligence is described as being inattentive or careless, but not being negligent intentionally. On the other hand, gross negligence is described as being aware that you’re being negligent, but proceeding regardless. If you’re accused of ordinary negligence, the Good Samaritan law will grant you immunity. Gross negligence, however, would prevent you from receiving that same immunity.
Overdose
One modification made to several Good Samaritan laws is the addition of a clause to protect people from persecution in the event of a drug overdose. These additions made it possible for many states to provide further immunity, protecting drug users in particular. For example, this law comes into play if a person was partaking in the use of illegal substances and a friend overdoses. If they were to call emergency services, they would be granted immunity from being tried for drug crimes. The implementation of this law has become beneficial because, unfortunately, the situation described above happens more often that we’d like to think. Oftentimes, when someone is under the influence of illegal drugs they can become stressed or paranoid, particularly if law enforcement is involved. This fear may prevent that person from calling 911 for help in the event of a drug overdose. With the implementation of this law, people are more likely to make that call and save lives.
At Idaho Medical Academy, we’re offering several medical training courses to get you ready for your profession in medicine and emergency services. We offer courses ranging from EMT to a Phlebotomy Technician course. Give us a call today and get started on your journey to your new profession!
