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

Law Offices - 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 relate somebody's personality, he said this:

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"She's the type of someone that will find fault in all things 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 urgency and in need of urgency medical assistance. However, not long ago, if you attempted to render medical assistance to somebody and botched the rescue, chances were you would be sued. Therefore, educated bystanders wouldn't dare effort a rescue.

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

Effect of the Law

New York's Good Samaritan law carves out exact circumstances when an private 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 exercise commonplace care. Gross negligence means a failure to use even minuscule care, or is conduct that is so careless as to show faultless disregard for the possession 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 communal condition Law and the Ny schooling Law.

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

Any someone who voluntarily and without expectation of monetary recompense renders first aid or urgency rehabilitation at the scene of an urgency or other urgency face a hospital, doctor's office or any other place having permissible and critical medical equipment, to a someone who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such someone or for damages for the death of such someone alleged to have occurred by speculate of an act or omission in the rendering of such urgency rehabilitation 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 prominent theme here is that the someone act both voluntarily, and without the expectation of monetary compensation. This is critical 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 bodily therapists (Educ. Law §6737), in case,granted they are not in a place having permissible and critical medical equipment, and are not rendering their professional or licensed services in the commonplace policy of their practices.

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

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

However, the law expressly states it shall not limit claims against the urgency condition care provider, someone or entity that purchased or made available 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: urgency medical technicians and volunteer ambulance services are branch to more technical provisions under Pub. condition Law §3013.)

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