a question about the good samaritan law

Sandy_dfw · Jul 17, 2008

http://medinfo.ufl.edu/other/world/ross/slide4.html

"Good Samaritan Law," passed by California in 1959
- No legal obligation to provide aid
- Immunity from malpractice suit if aid is provided
- Applies to outside of hospitals only
- Withdrawal of legal immunity if payment accepted

Sandy_dfw · Jul 17, 2008

also check out thia article in the AMA virtual mentor

http://virtualmentor.ama-assn.org/2004/04/hlaw1-0404.html

RNsRWe, ASN, RN · Jul 17, 2008

Worth noting is that while you are not required to stop and render aid, if you DO begin to render aid, you are obligated to stay until someone else can assume care--otherwise, it's patient abandonment. And also, if you are rendering aid, you must do so to the full extent of your capabilities--you cannot be held accountable for equipment not available, but you can be held accountable for not working up to your ability. In other words, as an RN, you are expected to know things that the lay public does not, and are obligated to treat accordingly (of course, if you don't HAVE the materials, that's different; if you do, you're expected to perform as such).

You are not expected to work outside of your scope of practice. You are not, for example, expected to intubate someone or perform one of those tv-only-tracheostomies!

Nurse Salt · Jul 17, 2008

Legally obligated, no. Morally obligated, YES!!! (IMO )

sjt9721, BSN, RN · Jul 17, 2008

I used to stop willingly if Fire/EMS hadn't arrived. Then I had my daughter.

The first question that EMS folks learn to ask is "Is the scene safe?" You must protect yourself.

Well, the side of a busy Dallas-area highway isn't always the safest place. The thought of leaving my child strapped in her corificeat, engine (and a/c) off because you don't dare leave it running, doesn't come across as safe to me.

And...first responders (lay or professional) have a good chance of getting smacked by a rubber-necker. In fact, Texas has a relatively new law that says you must slow down (10 MPH less than posted limit) or move over a lane if an emergency vehicle is pulled over with their emergency lights on. Well, my minivan doesn't have red & blue flashing lights!

She was a few months old when we drove past an almost-wrapped-up accident scene and that thought hit me. I have to admit...I wrestled with it for a little while. But in the end, I'm a mom, and mine & my child's safety come first.

:twocents:

Vito Andolini · Jul 17, 2008

I think there are some states that do require us to act. Please check with the board of the particular state you are interested in. It would be good to check with a lawyer, too, in that state.

Also, as stated above, the protection from liability is not absolute, I don't think.

Sandy_dfw · Jul 17, 2008

I think there are some states that do require us to act. Please check with the board of the particular state you are interested in. It would be good to check with a lawyer, too, in that state.
Also, as stated above, the protection from liability is not absolute, I don't think.

Every state is different and has different laws. There might also be a

law on failure to render aid.

I personally believe people have a moral obligation to stop but should not

put themselves or their families at any risk.

BlueRidgeHomeRN · Jul 17, 2008

i can only speak to fl and va, which also protect nurses who stop but do not mandate that they do.

it was the polar opposite in germany, where every car had to have a standardized first aid kit on board, and everyone was obligated to stop and provide first aid, without any chance of litigation for doing so.:redbeathe

i always stop, but i do not have minor children anymore and feel that i have to answer to a higher authority than the commonwealth of virginia. :saint:

Medic2RN, BSN, RN, EMT-P · Jul 17, 2008

I agree with sjt9721. We both live in the south of Oklahoma area and there are many dangerous highways out here. I have two little ones and have to assess the safety situation quickly.

If I can't stop, then I call 911 and ensure that police and fire/EMS are at least on their way. If I can't physically render aid, then I can definitely remotely render it.

My hubby stopped to help a stranded lady who pulled over off the highway. He moved her far away from the vehicles because of the potential danger. Not long after, a drunk driver slammed into the back of his truck. It was a total loss.

The road is a very dangerous place.

cardiacRN2006, ADN, RN · Jul 17, 2008

I think there are some states that do require us to act. Please check with the board of the particular state you are interested in. It would be good to check with a lawyer, too, in that state.

Curious...how would they know that we were RNs and didn't stop to help? If you drove right by, then you drove right by. Nobody would know that you were an RN who didn't stop.

I have stopped many times for accidents on my busy international interstate. Lots of people regularly driving in excess of 90mph. It's vey dangerous. Luckily for me, they are usually off in a ditch and not on the road.

justme1972 · Jul 17, 2008

In my state, during our CPR training, we were SPECIFICALLY told that we did not, and it was a myth that if you had anything nursing related on your vehicle that you could be sued for not stopping.

Reason being, they don't know if it's the supposed RN driving the vehicle...you may have children in the car and it may not be safe to stop or leave kids in the vehicle...you may be on your way to your own emergency...the list goes on and on.

You would need to check in your state.

PS: In my state there is a law that if you are the first to witness an accident, you must stop to signal someone else to call for aid or call yourself. This doesn't apply just to nurses, but everyone.