Good Samaritan Law

Nurses General Nursing

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Recently I came upon a horrific car accident. I did not stop since there were already many people at the scene and I could hear the emergency response vehicles in the distance. I could see that the jaws of life would be needed to get the victims out. I later learned that the passenger died on impact and the driver is in critical condition. Last year I witnessed a car go head first into a ravine at about 60mph. I did stop, along with an off duty paramedic. The 2 men in the car crawled out and were bleeding from many facial cuts. The paramedic instructed them both to lay down and not to move, handed them each a towel to hold pressure on their cuts. He called 911. He never touched either of them.

This recent accident has started a big discussion amongst many nurses I know. Several of them said they do not stop at accidents because the Good Samaritan Law is for non-medical people and that a professional could be held liable if they do something considered negligent. The definition of negligent being whether other nurses would have done the same thing under the same circumstances. For most there seems to be a fear that as a nurse, you might be called upon (at your expense) to defend your actions.

I have researched this law and see that it is different state by state. Here is a summary from Wikipedia:

Good Samaritan laws are laws or acts protecting those who choose to serve and tend to others who are injured or ill. They are intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death. In Canada, a good Samaritan doctrine is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for 'wrongdoing'. Its purpose is to keep people from being reluctant to help a stranger in need for fear of legal repercussions should they make some mistake in treatment.[1] Good Samaritan laws vary from jurisdiction to jurisdiction, as do their interactions with various other legal principles, such as consent, parental rights and the right to refuse treatment. Such laws generally do not apply to medical professionals' or career emergency responders' on-the-job conduct, but some extend protection to professional rescuers when they are acting in a volunteer capacity.

I am a Home Care Nurse and it's been many years since my ER training and experience in Critical Care in a hospital setting. So critical first aid is not my expertise. Has anyone heard of a nurse having to defend her actions after giving emergency care at the scene of an accident? What are your thoughts on this? Do you stop at every accident? If you have a minute, google the Good Samaritan Law in your state and see what it says about off duty professionals. I'd be interested in what other nurses think and how you interpret the law.

Kyasi

Specializes in Addiction, Psych, Geri, Hospice, MedSurg.

GSL covers ANYONE who stops to offer help (and does not act in a negligent way).

The ONLY thing I suggest you look into is your statues. SOME states REQUIRE (yes, REQUIRE) you to stop if you are a nurse (I know VA is one of these states). I had my plate changed from imanurse for just that reason. If *I* had somewhere to be, something to do, an ER of my own, I am NOT going to stop, and I don't think there should be a statute REQUIRING me to do so... esp when I have nothing in my car for trauma or er, and I don't work either of those. I have stopped and offered aid... and I will if needed and I can... but there are times I can't/won't/don't want to. I don't think JUST BECAUSE I am a nurse I should *HAVE* to...

That said, there was a nurse that was charge because she had her stethoscope and ID badge hanging from her mirror. I do none of that anymore.

We are protected by the GSL. We are also protected if we carry personal .

Specializes in ICU + Infection Prevention.

For more common than the provider who oversteps their bounds is the provider who refuses to help because they fear the repercussions and don't understand what they are allowed to do and are protected from (and as demylenated mentioned, what we must do in duty-to-act states).

Many people aren't even aware of personal liability covers from their homeowners/renters/car insurance that would function in this case (not malpractice).

People only understand: you can sue anyone for anything but fail to realize that filing a suit and winning it are entirely different animals.

Specializes in cardiology/oncology/MICU.

My understanding of the GSL, is this: As an RN you can perform at an accident the things that are in the scope of your practice. In NC RN's do not intubate for example. If I were to intubate some one or perform some other action not in my scope of practice, I would be held responsible and sued if I destroyed vocal cords etc.. That being said, if I do CPR on a person at the mall and break a couple of ribs than I am not going to be able to be sued. That kinda thing

Specializes in ICU.

each state is different, check out your laws. I just moved to a state where there is NO good samaritan law, however if you do NOT act in a manner consistent with your level of education you can also be sued.

Specializes in Critical Care.

Good samaritan laws are state specific. At least in my state, you are equally protected against liability whether you have medical training or not. The GS law is in effect any time you are not being paid for the care you are providing. You're still liable if you do something grossly negligent, although so are non-medically trained responders.

About the probability of lawsuits. They are probable once the injured/family realizes that that injured person, if the breadwinner for the family, will never work again due to the severe injuries sustained. I think lawsuits are a concern. To protect yourself you need a lawyer, and the whole mess involved fighting for yourself will drain you of any assets by the time you finally can say, I did what I could do for the guy.

Specializes in Flight, ER, Transport, ICU/Critical Care.

Let's not worry about the successful lawsuit - worry about any lawsuit. Even an unsuccessful lawsuit will still costs you more than you would ever think you could lose.

Regardless, even if you are a nurse or EMT or whatever - unless your job (or volunteer) dictates in WRITING that you are to freelance via POV an an accident scene (any accident scene) you are making an independent decision to act and will be accountable. There will be many 10's of thousands of dollars spent before you ever get to explain "I was trying to save someone". Can you afford it?

However, that is NOT the reason I DO NOT stop at accident scenes. Sure, I do not have the authority (GS laws do not demand that I act) or the responsibility/accountability (unless I am working). I do not have the right stuff. That's right - no stuff. And the stuff I do not have does not come in any "kit" I could cobble together.

The main danger at an accident is TRAFFIC. And no amount of GS laws and good intentions stops traffic. Think it over - you are pulling your POV to the side of an accident scene, getting out in street clothes (though nothing you can wear gives you superpowers) and without any safety precautions you are what??? Going over a hill, standing out beside the road (we all know how folks like to get distracted by accidents), crawling in wrecked car or over an embankment and making a decision to independently lessen suffering/saving lives with little more than a desire to help. I am glad there is a desire to help - but, I want you to NOT become part of the problem or a statistic. No one is demanded by law to get out of their safe vehicles and get in the road and render aid - if you are told you HAVE to STOP because you are a NURSE and are now TRAINED - you are being lied to or misinformed. IF you are in the accident or have directly witnessed the accident, pull off from a safe distance, call 911 - tell them what you saw and where you are - they will advise you what to do next. STAY IN YOUR VEHICLE until an LEO arrives at your door - then follow his direction but, put something between you and traffic and never stand anywhere (even if just talking) that you can become trapped.

The BEST way to help. Call 911 - give them precise location (hwy #, mile marker), resources (# or cars, folks "walking" if a factor) and note any special circumstances (fire, car in river, blocking traffic, cows in road - anything you notice) - give them you r info and hang up. Go about you day - say a prayer if that is your thing and know that you did what you should.

Accidents scenes are dangerous.

ACCIDENT SCENES ARE DANGEROUS.

Even those that are "controlled" may not stay that way and are dynamic, dangerous affairs. I have seen a sunny spring weekend day turn double tragic when a driver "ignored" state LEO road block, drove around a couple of fire trucks and hit an EMT that was loading a minimally injured driver into the back of an ambulance. It was supposed to be a "safe" scene. The EMT lost both lower legs when the driver "slipped" through and hit the back of the ambulance. It wasn't supposed to happen. I have scene a "observer" get hit at an accident scene - these are not safe places.

ACCIDENTS SCENES ARE DANGEROUS - even for those with the training and right equipment.

I won't even get into the arguments of "the right thing to do" and "you must not care about folks" - I have a responsibility to myself and my family to make good decisions, even if and maybe especially if I find myself in bad circumstances.

Please don't do it - it might be the last decision you make.

Although I admire the desire to help - it does not give you a force field to protect you from "getting dead".

Think carefully.

Stay SAFE!

:angel:

Specializes in Flight, ER, Transport, ICU/Critical Care.

If anyone has a link to any specific state statute that requires every nurse/first responder to get out of their safe vehicle and into the thick of danger and badness - please post - I will be corrected and the amazing AN community will benefit from the truth.

Stay SAFE!

:angel:

Bottom line, if the situation could POTENTIALLY be unsafe for you (ANY car accident is potentially unsafe) your only obligation is to call 911. I live in MN, which has one of the most strict GSLs in the nation (Google it!), and I found out (while becoming an EMT) that we only have to call 911 in those situations. It is very unsafe to get out of your car on the highway. I was almost hit by a car on more than one occasion as an EMT with police directing traffic and a reflective vest on- and almost hit once stopping as a bystander to an accident that I witnessed. Bottom line, if someone goes into cardiac arrest in the middle of the grocery store AND you have a mask, give CPR (or just chest compressions). No mask, you are not required to give CPR. Accident scenes can be very dangerous. You are NOT required to stop- only required to call 911 if you are the first person on the scene. HTH!!!

You may want to research the "Duty to Rescue" law... this is the kind of situation that you are referring to.

Specializes in Spinal Cord injuries, Emergency+EMS.

' good samaritan ' actions whether covered by a specific law or not fall into a couple of key issues ...

1. you don't all ready have an established duty of care

2. your actions are reasonable i.e. in line with the principles of 'first aid'

you may fall foul of professional and or legal discipline if you are identifiable as a health professional and don't offer assistance / ensure help is one the way.

scene safety is of course an issue , and if you are on a fast moving multi-lane road it probably isn't safe to stop unless you are suitably trained and have the appropriate PPE ( boots, helmet, debris gloves , hi-vis ...)

Unless there are already multiple people on the scene that appear to have it "covered" I would stop. Not because I'm a nurse but because that's how I was raised. My Mother was always the kind of person who stopped to help. I can think of multiple circumstances. One time a car swerved off the side of the road at an exit. We stopped to see what was wrong and the man was having a heart attack. She was able to call and get an ambulance on the way. Another was driving home from the mountains. We saw a car slide off the road into a ditch. Only to find a women so drunk she could barely stay awake. I do not think she could have helped herself to safety. My Mom has no medical training, just a good heart and that has been enough to help in many different circumstances.

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