New York's Good Samaritan Law - A Good Deed Goes Unpunished

Workers Comp Legal Advice - New York's Good Samaritan Law - A Good Deed Goes Unpunished

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The other day, a client was telling me a story.  While trying to retell somebody's personality, he said this:

What I said. It is not the conclusion that the true about Workers Comp Legal Advice. You look at this article for information about anyone want to know is Workers Comp Legal Advice.

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"She's the type of man that will find fault in all you do. If you push her off the tracks just seconds before she is about to be struck by a speeding locomotive, she'll sue you for bruising her leg and soiling her clothes."

And that reminded me of New York's 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 somebody that has been in an urgency and in need of urgency curative assistance. However, not long ago, if you attempted to render curative aid to somebody and botched the rescue, chances were you would be sued. Therefore, educated bystanders wouldn't dare attempt a rescue.

Since the tasteless law discouraged bystanders from attempting to render curative aid to those in need, the legislature, recognizing this ensue was both unacceptable and undesirable, enacted in 2000 what is commonly referred to as the Good Samaritan law.

Effect of the Law

New York's Good Samaritan law carves out exact circumstances when an private shall not be held liable for ordinary negligence in attempting to render curative assistance. Instead, they will only be held liable in cases of gross negligence.

Gross Negligence

Simply put, negligence is a failure to practice ordinary care. Gross negligence means a failure to use even limited care, or is escort that is so careless as to show perfect disregard for the possession and protection of others.

When it Applies

The law isn't found in one centralized part, but rather integrated into varied provisions of the Ny collective health Law and the Ny instruction Law.

Importantly, New York's Good Samaritan law is limited to curative treatment or assistance. The heart of the law is found in Pub. health Law §3000-a, which provides in part:

Any man who voluntarily and without expectation of monetary recompense renders first aid or urgency treatment at the scene of an urgency or other urgency face a hospital, doctor's office or any other place having allowable and principal curative equipment, to a man who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such man or for damages for the death of such man alleged to have occurred by presuppose of an act or omission in the rendering of such urgency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such person.

Voluntary Act; No expectation of Monetary Compensation

An foremost theme here is that the man act both voluntarily, and without the expectation of monetary compensation. This is principal because the protection extends to dentists (Educ. On Law §661[6]), physicians (Educ. Law §6527[2]), nurses (Educ. Law §6909[1]), physicians assistants (Educ. Law §6547) and bodily therapists (Educ. Law §6737), in case,granted they are not in a place having allowable and principal curative equipment, and are not rendering their expert or licensed services in the ordinary procedure of their practices.

Automated External Defibrillator (Aed) and Epinephrine Auto-Injector (Epi-pen) Devices

The law is somewhat different, however, for urgency health care providers, or those persons or entities that buy or make available self-acting External Defibrillator (Aed) devices, or Epinephrine Auto-Injector devices. In those cases, the urgency health care provider, man or entity, shall not be held liable for the use of that equipment if a man voluntarily and without expectation of monetary recompense renders first aid or urgency curative treatment, and shall also not be held liable for the use of defectively artificial equipment.

However, the law expressly states it shall not limit claims against the urgency health care provider, man or entity that purchased or made available that equipment from its own negligence, gross negligence or intentional misconduct. Pub. health Law §3000-a(2). See, also, Pub. health Law §3000-b (Automated External Defibrillators) and Pub. health Law §3000-c (Epinephrine Auto-Injector).

Go Ahead, Be a Hero

Once again, it is safe to play superhero, but remember to use at least ordinary care.

(Note: urgency curative technicians and volunteer ambulance services are branch to more technical provisions under Pub. health Law §3013.)

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