Every so often, there is a scene in a movie or show where the main character does something heroic to save someone’s life…only to then get sued by the very person they saved because of their injuries. A century ago, that may have been a valid reason to sue someone for damages. Did you know, however, that these actions are actually now protected under the law?
In 2004, Florida passed statute 768.13, also known as the Good Samaritan Act. The law states that any person who makes a gratuitous, good faith effort to render emergency care, without objection of the victim, cannot be held liable for any civil damages as a result of that care. This applies to everyday citizens, those licensed to practice medicine, and health care providers. The purpose of this Act is to encourage bystanders to get involved in emergency situations of their own free will without needing to worry about being sued for simply helping.
The immunity provided by this statute applies to damages resulting from both action and omission of action, including a diagnosis that occurs prior to patient stabilization or is related to the original medical emergency. However, such immunity does not apply to damages that result from the act or omission of providing medical care unrelated to the original situation.
Suppose that a person is eating food and falls unconscious due to the food being stuck in his or her airways. If a bystander enters the scene, administers a Heimlich maneuver, and inadvertently fractures the victim’s rib, the bystander cannot be sued for damages; the bystander’s actions would certainly fall under the Good Samaritan Act. Suppose, however, the bystander finds a syringe of insulin in the person’s bag and decides to administer it. As a result, the person suffers an insulin overdose. This would not fall under the Good Samaritan Act. This medical treatment is wholly unrelated to the original emergency, since insulin is not going to help someone who is choking. This makes the bystander potentially liable for damages resulting from the overdose.
This Act, of course, does not provide an excuse to act brazenly with the intent of saving a life. For health care practitioners specifically, behavior that is “willful and wanton and would likely result in injury” is not protected under this statute. For the layperson, the standard is lower; he or she must simply act “as an ordinary reasonably prudent person would have acted under the same or similar circumstances.”
Whether you were the person giving care or the person receiving it, it is important to know if and how the Good Samaritan Act applies to your specific set of facts. Call the personal injury attorneys at Hendry & Parker, P.A., in Dunedin, at (727) 205-5555 today for a free consultation.