Legal Law

New York Good Samaritan Law – A good deed goes unpunished

The other day, a client was telling me a story. As he was trying to describe someone’s personality, he said this:

“She’s the kind of person who finds fault with everything you do. If you push her off the tracks seconds before she’s about to be hit by a speeding engine, she’ll sue you for hurting her leg and getting her clothes dirty.” .”

And that reminded me of the New York 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 someone who has been in an accident and needs emergency medical assistance. However, not so long ago, if you tried to provide medical assistance to someone and failed the rescue, you were likely to be sued. Therefore, educated bystanders would not dare to attempt a rescue.

Since common law discouraged bystanders from attempting to provide medical assistance to those in need, the legislature, recognizing this outcome as both unacceptable and undesirable, enacted in 2000 what is generally known as the Good Samaritan law.

Effect of the Law

New York’s Good Samaritan Law establishes specific circumstances in which an individual will not be liable for ordinary negligence in attempting to provide medical assistance. Instead, they will only be liable in cases of gross negligence.

gross negligence

Simply put, negligence is the lack of ordinary care. Gross negligence means a lack of care, or conduct so careless as to show total disregard for the rights and safety of others.

when applied

The law is not found in a centralized part, but rather is embedded in various provisions of the New York Public Health Law and the New York Education Law.

It is important to note that New York’s Good Samaritan law is limited to medical care or treatment. The heart of the law is found in Pub. Health Law §3000-a, which provides in part:

Any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency outside of a hospital, doctor’s office or any other place that has adequate and necessary medical equipment, to a person who unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred due to an act or omission in rendering such emergency treatment to unless it is established that such injury or death was caused by gross negligence on the part of said person.

Voluntary Act; No expectation of monetary compensation

An important issue here is that the person acts voluntarily and without expectation of monetary compensation. This is important because the protection extends to dentists (Educ. on Law §661[6]), doctors (Education Law §6527[2]), nurses (Educ. Law §6909[1]), physician assistants (Educ. Law §6547), and physical therapists (Educ. Law §6737), provided they are not located in a location that has adequate and necessary medical equipment, and are not performing their professional or licensed services in the ordinary course of their practices.

Automated external defibrillator (AED) and epinephrine auto-injector devices (Epi-pen)

However, the law is somewhat different for emergency medical care providers, or those persons or entities that purchase or make available automated external defibrillator (AED) devices or epinephrine self-injector devices. In those cases, the emergency medical care provider, person or entity, will not be liable for the use of that equipment if a person voluntarily and without expectation of monetary compensation provides first aid or emergency medical treatment, and will not be liable for the use of that equipment. use of faulty equipment.

However, the law expressly states that it will not limit claims against the emergency medical care provider, person, or entity that purchased or made available that equipment for its own negligence, gross negligence, or willful misconduct. Pub. Health Law §3000-a(2). See, also, Pub. Health Law §3000-b (Automated External Defibrillators) and Pub. Health Law §3000-c (Epinephrine Autoinjector).

Go ahead be a hero

Again, it’s safe to play superhero, but remember to use at least normal care.

(NOTE: Emergency medical technicians and volunteer ambulance services are subject to more technical provisions under Public Health Law §3013.)