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November 15, 2024

What Law Protects Against Civil Lawsuits When We Try to Help a Victim in Medical Need?

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

When you step in to assist someone in a medical emergency, one of the biggest concerns is, “What law protects against civil lawsuits when we try to help a victim in medical need?” In California, this protection comes from the Good Samaritan Law, which is designed to shield well-meaning individuals from legal liability when they offer emergency assistance. Nonetheless, this statute has its limits and nuances, and if you’re ever caught in a legal battle after helping someone, understanding your rights is crucial. 

At Pointer and Buelna, LLP – Lawyers for the People, we specialize in protecting your rights, especially in civil rights cases that involve interactions with law enforcement. Let’s explore the specifics of the Good Samaritan rule in California and how it can protect you.

What Is the Good Samaritan Law?

This legal doctrine protects civil lawsuits from those who voluntarily offer help during emergencies. It is outlined in California Health and Safety Code Section 1799.102. The law ensures that if you act in good faith to provide medical assistance—such as performing CPR or first aid—from being held liable if the outcome is unfavorable, as long as your actions were reasonable and not considered grossly negligent.

The goal is to encourage bystanders to assist in emergencies without fear of facing demands later. But remember, this doesn’t offer blanket protection in every scenario. For instance, law enforcement and government officials are not generally immune under these provisions, especially if misconduct is involved. If you’ve provided help but are still encountering legal consequences, it may be time to consult a civil rights attorney.

Who Is Protected Under the Good Samaritan Law in California?

In the state, this law applies to any individual who provides emergency care in good faith, whether they are trained medical professionals or ordinary citizens. Significantly, it extends to people administering emergency healthcare outside of a hospital setting, such as at an accident scene.

Still, the regulation does have limitations. It generally does not protect individuals who act recklessly or provide care in a manner that worsens the victim’s condition. The Good Samaritan Rule also doesn’t protect someone who expects compensation for their efforts, nor does it cover professionals with a pre-existing duty to provide care, such as on-duty doctors or paramedics.

What Are the Key Components of the Good Samaritan Law?

The Good Samaritan Legislation has several key components:

• Good Faith Assistance: The assistance provided must be voluntary and in good faith, meaning you are sincerely trying to help the victim.
• No Gross Negligence: Protection under this regulation does not extend to those who act with gross negligence or reckless disregard for the victim’s safety.
• No Expectation of Compensation: It applies only to those offering help without expecting payment.

Understanding these elements can help guarantee that you’re protected from legal fallout if you do assist in an emergency. 

Are You Legally Required to Provide Medical Assistance in Emergencies?

Interestingly, in the state, you are not legally required to assist someone in a medical emergency. This contrasts with other states or countries where a “duty to rescue” rule might compel bystanders to intervene. California’s Good Samaritan Law encourages voluntary action but does not mandate it. 

Still, if you do decide to help, you are legally protected as long as your assistance meets the criteria outlined earlier.

That said, assisting becomes more complex if the situation involves police misconduct or excessive use of force. In such cases, additional legal questions may arise about your rights as a Good Samaritan and whether law enforcement’s actions may have violated the rights of the person in need.

Why You Should Contact a Civil Rights Lawyer in California If You’re Facing Legal Issues After Helping in an Emergency

If you’ve tried to help someone in a medical emergency and are now facing legal action, or if your case involves police misconduct or civil rights violations, it’s critical to seek legal advice immediately. At Pointer and Buelna, LLP – Lawyers for the People, we specialize in protecting individuals who find themselves unfairly targeted after stepping in during critical situations.

Schedule a free consultation if need legal support today.