Good Samaritan laws in the US?

[uRNmyway, ASN, RN]

Hey all! As some of you may have seen in previous posts, I am fairly new to the US from Canada. I have experienced much more culture shock than I anticipated already, and the hits just keep coming.

Most recent hit is this morning. As I am driving to work, I spot an accident on the road. Police wasnt there yet. A man was on a motorcycle that skidded, he fell on the ground, and was still sitting in the road when I went by. Where I'm from, as a nurse, I have a professional (not to mention moral) obligation to stop and make sure any person at an accident site is ok. In fact, if someone were to recognize me driving by, know I am a nurse, and see me not stop, they could report me to the BON and I could be reprimanded for it.

But when I got to work, I told my NM about stopping to make sure the man was ok (He was in no imminent danger, no apparent head or spine injury, no active bleeding, and a police officer on site told me I could go since he had an ambulance on the way.). Well my NM told me that by law here, all I am obligated to do is call 911, but can't be punished for not doing so. That if I stop to help I can be held liable, that Good Samaritan laws can only protect you so much here.

I guess I am just having a hard time reconciling this litigation happy mentality in the US with my moral and professional values. I am not used to this 'Cover your butt before you try to help anyone' thought process. Am I crazy? Will I get used to it? Has anyone on here dealt with the same thing, and if so, how did you adapt? Thanks!

[RNsRWe, ASN, RN]

Tough topic, with lots of shades of gray regarding who is willing to do what.

Legally? You have no more obligation to stop and assist than any other person on the street. Being a nurse does not obligate you legally. However, should you stop and offer assistance, you will be held to the expectations of an RN regarding scope, etc. In other words, you cannot stop, assess, THEN decide you're not going to do anything more. The "man on the street" layperson is also held to what a normal, prudent person would do.....but no more.

If you are not trained/certified to do a tracheostomy, you are not expected to do one. And if you DO one, you're operating outside your scope, and will be held liable.

Regarding liability, you absolutely CAN be sued for your involvement at the scene. Doesn't mean you won't prevail, but you can expect to have to defend yourself in EBTs, at court, etc. As long as you acted competently within your scope of practice, you can also expect to come out of it just fine.

Unfortunately, some think that the Good Samaritan Law means you are exempt from lawsuits. Nothing could be farther from the truth. And, you are also under no obligation to stop in the first place.

Morally? Another story.

[TheCommuter, BSN, RN]

Keep in mind that Good Samaritan laws vary greatly from state to state.

Since I have never lived, worked, or practiced anywhere other than the U.S., I personally know no other way. However, according the the unwritten social contract, you have an obligation to cover your own bases and meet your own needs before attending to the needs of others.

This might sound somewhat selfish, but we must cover ourselves first before aiding others. People can and will mistake our kindness for weakness.

[uRNmyway, ASN, RN]

Well see, thats the thing. I can understand protecting yourself PHYSICALLY before helping others. IE other thread on MVA with fatalities and victim with extensive facial injuries. Doing full CPR with resps would be dangerous given the blood, as well as most likely futile. Like all nurses, I took CPR/first aid classes, 'no fire, no wire, no gas, no glass' and all that.

But the whole concept of making sure no one can sue you before you provide care or help for someone who needs it...it just blows my mind and leaves a sour taste in my mouth...

[classicdame, MSN, EdD]

anybody can sue but that does not mean they will win. I believe if you act in good will, and do not exceed your scope of practice, you will be fine. I am not a critical care nurse, but I know CPR and know how to dial 911 or how to put pressure on a wound. Without appropriate equipment that is about all you can do anyway.

[Susie2310]

If I recall correctly, my State BON states in regard to the Good Samaritan Act that one is not immune from liability if one is grossly negligent in one's actions.

[Asystole RN]

"Good Samaritan" laws vary by state and you should look them in up your personal state of residence.

For the most part you are protected from litigation if you provided care within the scope of your education and training. This means as a nurse you are expected to be able to perform adequate and basic CPR. This does not mean you can intubate someone if you have not been educated in, or trained in, intubation.

Beyond litigation is nursing your nursing license, again you are expected to render care that is within your educational scope along with your nursing scope of practice.

All you need to do is to provide basic care, keep it basic and you can't go wrong.

That being said, refusing to render care as a licensed nurse can get you in some deep trouble.