Question:
Dear Nancy,
I saw a four-car accident and pulled over to see if a nurse was needed, as the police or paramedics had not arrived yet. Are nurses supposed to stop and help, or is it our choice? Or should we just stay out of it? Are we protected by a Good Samaritan law?
Karyn
Nancy Brent replies:
Dear Karyn,
State law determines whether one is legally required to provide emergency care at the scene of an accident or other emergency. Good Samaritan laws are designed to offer legal protection to individuals, including nurses, who provide emergency care in good faith during an accident or medical emergency. These laws aim to reduce the fear of legal repercussions if something goes wrong while trying to help someone in need.
All 50 states have some form of Good Samaritan law, but the details and extent of these protections can vary significantly from state to state. These laws generally shield healthcare providers from liability as long as they act voluntarily, without compensation, within the scope of their training, and without prior knowledge of the person's medical state.
For instance, California’s Good Samaritan law, under Health and Safety Code 1799.102, protects individuals, including nurses, who provide emergency care at the scene of an emergency, as long as the care is given in good faith and without compensation. However, it does not extend to actions that involve gross negligence or willful misconduct. Additionally, this law does not cover healthcare professionals like nurses if they act within a hospital or medical facility.
In New York, a Good Samaritan law protects individuals who assist during an emergency, but with specific restrictions. The law primarily protects those who provide care outside of healthcare facilities, such as in public settings or in emergencies that happen outside a hospital. Nurses acting in their professional capacity within a medical facility may not be covered under this law. Like California, protection is generally provided if the aid is rendered in good faith and without gross negligence.
In some states, individuals are required to provide care in an emergency (e.g., Vermont, Rhode Island, and Minnesota). These laws are sometimes called "duty to rescue" or “duty to assist” statutes.
They can also be referred to as “Bad Samaritan” laws. Unlike Good Samaritan laws, which protect those who voluntarily provide aid, Bad Samaritan laws impose a legal obligation to act. In Vermont, for example, failure to offer reasonable assistance to someone in peril, without risking your own safety, can result in a fine.
These laws are controversial because they raise questions about personal responsibility and the extent of legal obligations to assist others. Some argue that they encourage moral responsibility, while others feel they may put people in dangerous or uncomfortable situations where they are forced to intervene.
There is another side to this issue, however, and that is whether there is an ethical responsibility to provide care at the scene of an accident or in an emergency. This is a decision each nurse must decide for themselves, especially when there is no legal duty to act.
Given the distinct nuances of each state's laws, healthcare professionals should understand both home state and destination regulations to ensure they are legally protected when providing aid.
Regards,
Nancy
