New York's Good Samaritan Law - A Good Deed Goes Unpunished

Law - New York's Good Samaritan Law - A Good Deed Goes Unpunished

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The other day, a client was telling me a story.  While trying to report somebody's personality, he said this:

What I said. It shouldn't be in conclusion that the true about Law. You check out this article for information about that need to know is Law.

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"She's the type of person that will find fault in all you do. If you push her off the tracks just seconds before she is about to be struck by a speeding locomotive, she'll sue you for bruising her leg and soiling her clothes."

And that reminded me of New York's Good Samaritan law, today's topic.

Common Law: No Good Deed Goes Unpunished

Generally speaking, there is no duty to come to the aid of somebody that has been in an accident and in need of accident medical assistance. However, not long ago, if you attempted to render medical aid to somebody and botched the rescue, chances were you would be sued. Therefore, educated bystanders wouldn't dare endeavor a rescue.

Since the base law discouraged bystanders from attempting to render medical aid to those in need, the legislature, recognizing this supervene was both unacceptable and undesirable, enacted in 2000 what is commonly referred to as the Good Samaritan law.

Effect of the Law

New York's Good Samaritan law carves out specific circumstances when an personel shall not be held liable for commonplace negligence in attempting to render medical assistance. Instead, they will only be held liable in cases of gross negligence.

Gross Negligence

Simply put, negligence is a failure to rehearsal commonplace care. Gross negligence means a failure to use even minute care, or is escort that is so careless as to show faultless disregard for the rights and safety of others.

When it Applies

The law isn't found in one centralized part, but rather integrated into assorted provisions of the Ny collective condition Law and the Ny education Law.

Importantly, New York's Good Samaritan law is minute to medical treatment or assistance. The heart of the law is found in Pub. condition Law §3000-a, which provides in part:

Any person who voluntarily and without expectation of monetary compensation renders first aid or accident treatment at the scene of an accident or other accident outside a hospital, doctor's office or any other place having permissible and principal medical equipment, to a person who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by conjecture of an act or omission in the rendering of such accident treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such person.

Voluntary Act; No expectation of Monetary Compensation

An important theme here is that the person act both voluntarily, and without the expectation of monetary compensation. This is principal because the safety extends to dentists (Educ. On Law §661[6]), physicians (Educ. Law §6527[2]), nurses (Educ. Law §6909[1]), physicians assistants (Educ. Law §6547) and physical therapists (Educ. Law §6737), in case,granted they are not in a place having permissible and principal medical equipment, and are not rendering their expert or licensed services in the commonplace procedure of their practices.

Automated External Defibrillator (Aed) and Epinephrine Auto-Injector (Epi-pen) Devices

The law is somewhat different, however, for accident condition care providers, or those persons or entities that purchase or make ready automatic External Defibrillator (Aed) devices, or Epinephrine Auto-Injector devices. In those cases, the accident condition care provider, person or entity, shall not be held liable for the use of that tool if a person voluntarily and without expectation of monetary compensation renders first aid or accident medical treatment, and shall also not be held liable for the use of defectively artificial equipment.

However, the law expressly states it shall not limit claims against the accident condition care provider, person or entity that purchased or made ready that tool from its own negligence, gross negligence or intentional misconduct. Pub. condition Law §3000-a(2). See, also, Pub. condition Law §3000-b (Automated External Defibrillators) and Pub. condition Law §3000-c (Epinephrine Auto-Injector).

Go Ahead, Be a Hero

Once again, it is safe to play superhero, but remember to use at least commonplace care.

(Note: accident medical technicians and volunteer ambulance services are subject to more technical provisions under Pub. condition Law §3013.)

I hope you obtain new knowledge about Law. Where you may offer used in your life. And just remember, your reaction is passed about Law.