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

Law Offices - 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 impart somebody's personality, he said this:

What I said. It just isn't the final outcome that the true about Law Offices. You read this article for info on an individual wish to know is Law Offices.

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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 healing assistance. However, not long ago, if you attempted to render healing aid to somebody and botched the rescue, chances were you would be sued. Therefore, educated bystanders wouldn't dare effort a rescue.

Since the base law discouraged bystanders from attempting to render healing aid to those in need, the legislature, recognizing this succeed was both unacceptable and undesirable, enacted in 2000 what is ordinarily referred to as the Good Samaritan law.

Effect of the Law

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

Gross Negligence

Simply put, negligence is a failure to exercise commonplace care. Gross negligence means a failure to use even slight care, or is show the way that is so careless as to show unblemished disregard for the ownership and protection of others.

When it Applies

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

Importantly, New York's Good Samaritan law is slight to healing rehabilitation 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 prospect of monetary recompense renders first aid or urgency rehabilitation at the scene of an urgency or other urgency outside a hospital, doctor's office or any other place having proper and primary healing 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 calculate of an act or omission in the rendering of such urgency rehabilitation 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 prospect of Monetary Compensation

An foremost theme here is that the man act both voluntarily, and without the prospect of monetary compensation. This is primary 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 corporal therapists (Educ. Law §6737), provided they are not in a place having proper and primary healing equipment, and are not rendering their expert or licensed services in the commonplace course 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 prospect of monetary recompense renders first aid or urgency healing treatment, and shall also not be held liable for the use of defectively man-made 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 commonplace care.

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

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