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 type 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 locomotive, she’ll sue you for hurting your leg and getting your 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 suffered an accident and needs emergency medical assistance. However, not too long ago, if you tried to provide medical assistance to someone and failed to rescue, you were likely to be sued. Therefore, educated bystanders would not dare attempt a rescue.

Since common law discouraged transients from attempting to provide medical assistance to those in need, the legislature, recognizing that this outcome was 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 sets forth 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 a lack of ordinary care. Gross negligence means not taking the slightest care, or is conduct so careless as to show total disregard for the rights and safety of others.

when it applies

The law is not found in a centralized part, but is integrated into 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 treatment or assistance. 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 is unconscious, ill, or injured, will not be liable for damages for injuries allegedly suffered by such person or for damages for the death of such person allegedly occurred due to an act or omission in the provision of such treatment emergency, unless it is established that such injuries or such death were 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 expecting monetary compensation. This is important because the protection extends to dentists (Educ. on Law §661[6]), physicians (Education Law §6527[2]), nurses (Educ. Law §6909[1]), Physician Assistants (Educ. Law §6547), and Physical Therapists (Educ. Law §6737), provided they are not in a location that has adequate and necessary medical equipment, and are not rendering 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 individuals or entities that purchase or make available automated external defibrillator (AED) devices or epinephrine auto-injector devices. In such cases, the emergency medical care provider, person, or entity will not be responsible for the use of that equipment if a person voluntarily and without expectation of monetary compensation provides first aid or emergency medical treatment, nor will it be responsible for the use of such equipment. use of faulty equipment.

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

Go ahead be a hero

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

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