If you were in an accident, you might hope someone would come to your aid. However, stories in the national news about people getting sued for doing just that could prevent some people who want to help from taking the risk. In one famous case back in 2008, a California woman was sued for pulling a friend out of a car wreck, but the friend was paralyzed as a result of her injuries.
The good news is that since 1985, such a case may not have come to trial in Oregon. In that year, the state enacted its “Good Samaritan” statute, the ORS 30.800 law regarding liability for emergency medical assistance. It provides some protections for people who try to help – but doesn’t cover every scenario.
In this article, we will explore how Oregon’s Good Samaritan law works, what it includes and excludes, and how it could impact you if you try to help an injured person.
What Is Oregon’s Good Samaritan Law and How Does It Work?
Oregon state law ORS 30.800 provides certain protections to people who decide to help when they see another person in need of emergency medical assistance.
The law works by setting out the following provisions and exclusions:
- Voluntary, free care: The law only covers emergency medical assistance or first aid provided voluntarily and with no expectation of compensation. So, if you set out to help someone, you must do so on the basis that you cannot later charge the person for your services, even if you are a medical professional.
- Where the care takes place: Medical or dental care must not be provided in a place where emergency medical or dental care is available, such as a hospital, dental clinic, or doctor’s office.
- Need for emergency medical assistance: This only applies in emergency situations where it is indicated that giving assistance is the only alternative to serious physical injuries or death.
- No professional relationship: Providing emergency medical assistance does not establish a professional relationship or obligate you to arrange or provide further medical care.
- Protection from litigation: No one can pursue damages for death, injury, or loss that result from acts or omissions of a person rendering emergency medical assistance. The only exception is if the person rendered medical assistance in a grossly negligent manner.
This law provides reassurance to people who want to provide emergency medical assistance. As long as they take reasonable care, they can do so without fear of legal repercussions. However, in rare cases, there could be legal consequences.
Conditions and Limitations of the Law
In Oregon, you are generally immune from litigation for acting as a good Samaritan if you provide the reasonable care a sensible person would and act within the limits of your training. However, there is still one way to get sued for acting as a good Samaritan: The injured person or representatives of the deceased must prove that you acted in a grossly negligent manner.
Defining gross negligence
Gross negligence could include providing medical services that you are not qualified to perform. This could take the form of rendering emergency first aid when you have not received the necessary first aid training.
Risks of performing cardiopulmonary resuscitation (CPR)
CPR can help keep oxygenated blood flowing in an accident victim’s body until medical professionals arrive and can make it 4 times more likely that a person in cardiac arrest will survive. The problem is that CPR can cause injuries. One study found that rib fractures occur in 26.7 percent of cases.
To carry out CPR correctly, you will need emergency cardiopulmonary resuscitation training. According to Oregon Occupational Safety and Health, if you have not taken an accredited first aid training course, you must call 911 and follow the dispatcher’s CPR instructions before you begin.
Can I be held liable for rendering emergency assistance?
Yes, you could. In the example above, if you did not complete an emergency cardiopulmonary resuscitation training course and performed CPR without appropriate guidance, you could be pursued for damages for any injuries you caused. The same could be true of any form of first aid or emergency medical assistance that requires training you have not received or other acts or omissions considered grossly negligent.
However, the purpose of the Good Samaritan law is to encourage people to render medical assistance in emergency situations. So how can you help in emergency situations without fear of getting sued?
Responsibilities and Expectations for Good Samaritans: How to Be a Good Samaritan
The following guidelines can enable you to confidently render emergency first aid in a way that helps someone in need but protects you from being sued:
- Standard of care: Provide assistance with the level of care and skill expected of a reasonable person. Do not provide emergency medical assistance that you are not qualified to provide, act recklessly, or deliberately cause harm to the injured person.
- Voluntary help: In Oregon, there is no law requiring bystanders to render first aid in emergency situations. You can provide first aid or other assistance because you want to help.
- Do not charge: Rendering emergency medical assistance on a voluntary basis, with no expectation of financial reward, should protect you. If you were to accept a financial reward later, it could mean the liability protections of the Good Samaritan law no longer apply.
Legal Implications for Medical Professionals
A physician licensed to provide medical care must meet certain standards of care while carrying out his or her duties at work. However, what should doctors or other medical professionals do when they encounter emergency situations outside of work?
Like other private citizens, medical professionals may decide that rendering emergency medical assistance is the right thing to do. But could they face a lawsuit if the person dies or gets injured? The answer depends on the specifics of the situation, especially whether they acted in a grossly negligent manner.
It is possible that a medical professional would be protected by Oregon’s Good Samaritan law as long as he or she acted within its provisions. However, navigating questions of liability in these kinds of situations can be tricky.
If you are a medical professional who has been involved in such a situation, seek qualified legal advice. An experienced Oregon personal injury attorney can listen to your story and explain where you stand.
Help for Victims of Gross Negligence in Good Samaritan Situations
If you were involved in a serious accident and received the assistance of a good Samaritan, you may have been initially grateful. However, if you believe that the person acted in a grossly negligent manner, you may be able to seek compensation under Oregon’s Good Samaritan law.
While this law protects people who act within the boundaries of what a reasonable person should do, it also looks out for the best interests of accident victims. Receiving emergency medical assistance from someone who did not have sufficient first aid training to carry it out correctly could result in serious or even life-changing injuries. You may need ongoing medical treatment, require time off work, and suffer serious emotional consequences.
The personal injury lawyers at Johnston Law Firm have years of experience in fighting and winning for our clients. We aim to be trusted advisors and aggressive fighters for your legal rights. We have obtained multi-million dollar verdicts and settlements for our clients who have suffered injuries because of other people’s negligence.
There’s no need to assume you don’t have a case because the other person thought he or she was helping you. Call us for a free case consultation, or fill out our contact form and we will be in touch very soon.