Verified Document

Good Samaritan Law: Its Concept Term Paper

Kelly a. Wagner of Connecticut Law Tribune has written in an article entitled Good Samaritan Statute Under Scrutiny that a patient dies because of the Turkey sandwich given to her while she was on board with the paramedics while going to the hospital. It was found out that the patient has no teeth or salivary glands, which led to the choking of the patient. It was argued that the paramedics should have known the medical condition of the patient. The situation then could have been avoided. The suspect's attorney argued that the employees do not have any civil liability because the Good Samaritan Law covered what happened. The law, which was passed in 1963, offers immunity from liability for dentists, school personnel, police, firemen, EMTs and others who provide emergency medical assistance or first aid during a crisis. (Wagner, 2002, Good Samaritan Statute Under Scrutiny, par. 14). The final verdict was in favor of the victim because the court found out that there was failure in rendering proper care to the patient and the incident happened while the paramedics were performing their duties. There are also moral and ethical implications of the Good Samaritan Law. A physician who is not in emergency call during the time of the accident which also happened outside the hospital is not required to assist the victim whom he/she has not yet established any patient-physician relationship with. Although, the Good Samaritan Law exempts him from helping the victim, non-assistance in the part of the physician contradicts and breaches the Code of Medical Ethics. The website of Medi-Smart states that the American Medical Association Council of Ethical and Judicial Affairs Opinion 8.11, "Neglect of Patients," specifies that, although physicians are free to choose whom to serve, they should...

16) Therefore, failure to assist during emergency situations will require disciplinary action against the physician.
Individuals who are not covered by the Good Samaritan Law identified by a certain state's provision will face legal consequences especially if it is proven that the individual who rescued the victim at an emergency situation has committed gross negligence. If the offender is a physician or any licensed medical practitioner, committing gross negligence can forfeit and invalidate their licenses and they can be terminated from work. Non-medically trained individuals may face lawsuits or legal charges against them. On the part of the victim, it will cause his/her safety and can even lead to death.

In general, Good Samaritan Laws are established to protect rescuers from civil liability when providing emergency care. This in effect, motivates people to help others during emergency situation. However, there are still precautionary measures and actions that everybody has to take when helping during emergency situations especially that most of these situations are a matter of life and death.

Bibliography

Medi-Smart University of Cincinnati. Emergency Care: Responsibilities and Alternatives at http://www.medi-smart.com/gslaw-ama.htm

Barton, L. Good Samaritan Laws and AEDs.n Published March 4, 2004, at http://www.momsteam.com

Legislative Assembly of Manitoba. Retrieved December 5, 2006, at http://www.gov.mb.ca

Wagner, K. Good Samaritan Stature Under Scrutiny. Retrieved October 23, 2002 at http://www.law.com

Massachusetts Law About Health Care, at http://www.lawlib.state.ma.us

Sources used in this document:
Bibliography

Medi-Smart University of Cincinnati. Emergency Care: Responsibilities and Alternatives at http://www.medi-smart.com/gslaw-ama.htm

Barton, L. Good Samaritan Laws and AEDs.n Published March 4, 2004, at http://www.momsteam.com

Legislative Assembly of Manitoba. Retrieved December 5, 2006, at http://www.gov.mb.ca

Wagner, K. Good Samaritan Stature Under Scrutiny. Retrieved October 23, 2002 at http://www.law.com
Massachusetts Law About Health Care, at http://www.lawlib.state.ma.us
Cite this Document:
Copy Bibliography Citation

Related Documents

Copyright Laws Vs. Peer-To-Peer File Transfer
Words: 5802 Length: 20 Document Type: Term Paper

Copyright Laws vs. Peer-to-Peer File Transfer This paper presents a detailed examination of copyright laws, with a comparison to peer-to-peer file transfer. The author will take the reader on an exploratory journey, in which the details and outcomes of several well-known cases will be scrutinized. The author will also discuss the importance of copyright laws, and the elements of various cases that caused the rulings to go the way they did.

Cheating the Concept of Cheating
Words: 870 Length: 3 Document Type: Journal

The other principal objection relates to the fact that the poor would have much greater incentive to sell their organs while the rich would benefit more from the plan. This objection also must compare other areas of modern life where that is (already) no less true. Coal miners, loggers, and deep sea fishing are all exceptionally dangerous occupations normally held by those who have few other vocational opportunities and their

Internet Service Provider ISP Web Content Law
Words: 1109 Length: 4 Document Type: Essay

Internet Service Provider (ISP) Web Content Law and Ethics The objective of this work is to answer whether Internet service providers have a responsibility to regulate the content that is available on the World Wide Web? This work will additionally answer as to whether the presence and ease of availability of pornography to the general public a tribute to free speech and a reflection of social maturity or an example of

Health Politics "What Is the Role of
Words: 3149 Length: 10 Document Type: Term Paper

Health Politics "What is the role of Congress in policy making process"? Policy is a plan to identify goal or possible course of actions with administrative or management tools to accomplish these goals. On the other hand, policy is the authoritative decision made by the U.S. executive, legislative, judicial branch of government to influence the decision of others. Government is a key player in decision-making process and congress plays important roles in

Neglect Discuss the Elements of a Cause
Words: 772 Length: 2 Document Type: Essay

Neglect Discuss the elements of a cause of action based on negligence. Negligence is defined as "the failure to do what a reasonable person would do under the same or similar circumstances." Action that is opposite of what a reasonable person would do in a given situation is neglectful. In order to be held financially or criminally liable for damages caused in an incident, it must be proven that the defendant was

Emergency Room Management Diagnose the Root Causes
Words: 2717 Length: 8 Document Type: Essay

Emergency Room Management Diagnose the root causes of the complaints about the clinic. In the recent number of days, the number of the patients visiting the clinic has slowly but drastically increased. In contrary to the past days, the sick patients requiring serious attention from the doctors and the available physicians have increased. In the past, most of the patients only consulted the doctor regarding the disease and infection and acquired appropriate

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now