Good Samaritan law

Template:Worldwide Good Samaritan laws (Acts) in the United States and Canada are laws/acts protecting from blame those who choose to aid others who are injured or ill. They are intended to reduce bystanders' hesitation to assist, for fear of being prosecuted for unintentional injury or wrongful death. The name Good Samaritan refers to a parable told by Jesus in the New Testament (Luke 10:33-35).

In other countries (as well as the Canadian province of Quebec), Good Samaritan laws describe a legal requirement for citizens to assist people in distress, unless doing so would put themselves in harm's way. Citizens are often required to, at minimum, call the local emergency number, unless doing so would be harmful, in which case, the authorities should be contacted when the harmful situation has been removed. Such laws currently exist in countries such as Israel, Italy, Japan, France, Belgium, Germany, Andorra, and Spain. The photographers at the scene of Princess Diana's fatal car accident were investigated for violation of the French Good Samaritan law ("non-assistance à personne en danger", or deliberately avoiding providing assistance to endangered persons, can be punished by up to 5 years of jail time and a fine of up to 100 000 €). In Germany, "Unterlassene Hilfeleistung" (neglect of duty to provide assistance) is an offense; a citizen is obliged to provide first aid when necessary and is immune from prosecution if assistance given in good faith turns out to be harmful. In Germany, knowledge of first aid is a prerequisite for the granting of a driving license.

In the United States

Though the details of Good Samaritan laws/acts in various jurisdictions vary, some features are common:

General guidelines

1. Unless a caretaker relationship (such as a parent-child or doctor-patient relationship) exists prior to the illness or injury, or the "Good Samaritan" is responsible for the existence of the illness or injury, no person is required to give aid of any sort to a victim.
2. Any first aid provided must not be in exchange for any reward or financial compensation. As a result; medical professionals are typically not protected by Good Samaritan laws when performing first aid in connection with their employment.
3. If aid begins, the responder must not leave the scene until:
   • It is necessary in order to call for needed medical assistance.
   • Somebody of equal or higher ability can take over.
   • Continuing to give aid is unsafe (this can be as simple as a lack of adequate protection against potential diseases, such as vinyl, latex, or nitrile gloves to protect against blood-borne pathogens) — a responder can never be forced to put himself or herself in danger to aid another person.
4. The responder is not legally liable for the death, disfigurement or disability of the victim as long as the responder acted rationally, in good faith, and in accordance with his level of training.

Consent

The responder must not commit assault by giving aid to a patient without consent of the patient (or of the patient's legal parent or guardian if the patient is under 18 years old).

Implied consent

Consent may be implied if the patient is unconscious, delusional, intoxicated, deemed mentally unfit to make decisions regarding their safety, or if the responder had a reasonable belief that this was as such; courts tend to be very forgiving in adjudicating this, under the legal fiction that "peril invites rescue."

Consent may also be implied if the legal parent or guardian is not immediately reachable and the patient is not considered an adult.

Parental consent

If the victim is not an adult (warning: definitions vary), consent must come from the legal parent or guardian. However, if the legal parent or guardian is absent, unconscious, delusional or intoxicated, consent is implied (with the same caveat as above). Special circumstances may exist if child abuse is suspected.

Laws for first aiders only

In most jurisdictions, Good Samaritan laws only protect those that have had basic first aid training and are certified by the American Heart Association, American Red Cross, St. John Ambulance, American Safety and Health Institute or other health organization. In other jurisdictions, any rescuer is protected from liability, granted the responder acted rationally.

In Canada

In Canada, Good Samaritan Acts are a provincial power. Here is a list of several of the provincial acts:

1. Ontario - Good Samaritan Act, 2001
2. Alberta - Emergency Medical Aid Act
3. British Columbia - Good Samaritan Act
4. Nova Scotia - Volunteer Services Act

Only in Quebec does a person have a general duty to respond if first-aid or medically certified. In British Columbia persons have a duty to respond only where a child is endangered.

An example of a typical Canadian law is provided here, from Ontario's Good Samaritan Act, 2001, section 2:

Protection from liability

2. (1) Despite the rules of common law, a person described in subsection (2) who voluntarily and without reasonable expectation of compensation or reward provides the services described in that subsection is not liable for damages that result from the person's negligence in acting or failing to act while providing the services, unless it is established that the damages were caused by the gross negligence of the person. 2001, c. 2, s. 2 (1).

Paramedics in Ontario perform what is referred to as an Aid to Capacity Evaluation in the event treatment and or transport to a medical facility is refused. The evaluation also includes indication to whom the assessment refers if not the patient (e.g.: parent, or substitute decision maker). Patient or substitute is requested to verbalize/communicate understanding of clinical situation, appreciation of applicable risks, ability to make alternative plan for care and a responsible adult on scene. Any negative response to the above would indicate a requirement of consideration of incapacity and necessary intervention would occur. Finally, paramedics request a signature for refusal of service: "I have been advised that I should have treatment and that treatment is available immediately, I refuse such treatment and transportation to hospital having been informed of the risks involved. I assume full responsibility arising out of such refusal."

In popular culture

A Good Samaritan law was featured in the May 1998 series finale of the popular NBC sitcom Seinfeld, in which the show's four main characters were all prosecuted and sentenced to one year in jail for making fun of (rather than helping) an overweight man who was getting robbed at gunpoint. In reality, while Massachusetts (where the crime is committed) does have a law requiring passers-by to report a crime in progress, the most stringent punishment the characters could have suffered under those circumstances would have been a $500-$2500 fine (assuming they were prosecuted under state law); in addition, the phrase "Good Samaritan law," when used in Massachusetts, refers only to the civil law definition.

The fact that Good Samaritan Laws in the United States do not include a citizen's duty to assist, was featured in an episode of the second season of the show Desperate Housewives. Character Bree Van de Kamp is threatened by her son to be exposed for having stood by while a man she used to have an affair with committed suicide. She hires a lawyer who explains that she specifically was not under any requirement to assist this person.

See also

• Bystander effect

External links

• Summary of good samaritan laws for various US juristictions
• Good Samaritan Laws in Canada
• Good Samaritan Act of Ontario, 2001