Need for a Federal Good Samaritan Law

By: Joseph J. Cleary

What are Good Samaritan Laws

• Designed to protect responders offering assistance to those in need in emergency situations • The laws widely vary amongst states • Exclusions include• Compensated for help• Intentional negligence or attempt to harm

To whom do Good Samaritan Laws apply?

• Depends on your State:

In Alabama: It only applies to trained rescuers and public education employees with the sole exception of cardiac arrest.

In Oklahoma: It applies to lay persons only if they are performing CPR or controlling bleeding. In Vermont: The lay person is not only exempt from prosecution (baring no negligence occurs), but they are actually required to assist.

Our current Good Samaritan Law situation…• Purpose is to deter hesitation of assistance in emergencies for fear of

prosecution. • Complex, large state-to-state variation• Without general public knowledge of laws, hesitancy will still be there

Where does hesitancy arise from?

• Medical malpractice lawsuits alone paid out 3.6 billion dollars in 2012• 12142 cases paid out compensation to plaintiffs in 2012• This is an average of 242 lawsuits that ruled in favor of the plaintiff

per state• When this is seen this often, it well create a fear that should be

extinguished by Good Samaritan Laws

How to extinguish hesitancy?

Simplicity Consistency

Volunteer Protection Act of 1997

• Federal law that protects Non-profit organization and government entities’ volunteers from acts of ordinary negligence• Great example for a Federal Good Samaritan Law

H.R. 1733 - Good Samaritan Health Professionals Act of 2013

An attempt elevate Good Samaritan Laws to the Federal level.Did not pass

Conclusion

• Revisit Federal Good Samaritan Law• Abolish fear to help others

Thank you

ReferencesAssociation of State and Territorial Health Officials. (2015). Volunteer Protection Act and Good

Samaritan Laws. Retrieved from http://www.astho.org/Programs/Preparedness/Public-Health-Emergency-Law/Emergency-Volunteer-Toolkit/Volunteer-Protection-Acts-and-Good-Samaritan-Laws-Fact-Sheet/

Brouhard, R. (2014). Do all states have “Good Samaritan” laws? AboutHealth. Retrieved from http://firstaid.about.com/od/medicallegal/f/07_good_sam_law.htm

Clark T. (2014). Hope for a National Good Samaritan Law. American Academy of OrthopedicSurgeons. Retrieved from http://www.aaos.org/news/aaosnow/jan14/managing4

Govtrack.us. (2013). Summaries for the Good Samaritan Health Professional Act of 2013. Retrieved from https://www.govtrack.us/congress/bills/113/hr1733/summary

Gower, J. (2013). 2013 Medical malpractice payout analysis. Diederich Healthcare. Retrieved from http://www.diederichhealthcare.com/the-standard/2013-medical-malpractice-payout-analysis/

Morris (2014). Liability under “Good Samaritan” laws. American Academy of Orthopedic Surgeons. Retrieved from http://www.aaos.org/news/aaosnow/jan14/managing3.asp