What Is The Good Samaritan Law?
The Good Samaritan Law is a legal doctrine, existing to varying degrees in the fifty states of the United States, that exempts liability from someone who provides assistance to a prostrate adult who appears to require medical assistance. The Good Samaritan Law is meant to encourage people to help others in emergency situations without fear of getting sued or being prosecuted in the event that something bad happens .
The concept of the Good Samaritan stems from the Bible, specifically the story of a Samaritan who cares for a traveler who has been attacked by bandits. The Hawai’i state statutes even cite the account of the Good Samaritan in the Bible, saying that is the original Good Samaritan Law that started it all.
The Good Samaritan Law In Texas: What’s Covered?
Under the Texas Good Samaritan Law, the conditions under which a person may be protected from liability for good faith attempts to provide emergency care at the scene of an accident or emergency are outlined as follows:
- (1) A person who in good faith administers emergency care at the scene of an emergency is immune from civil liability for any act performed during the course of administering that emergency care, except for civil damages caused by "gross negligence" or "willful and wanton" misconduct.
- (2) A person is not liable for damages arising from his acts or omissions that result from the use of an automated external defibrillator (AED), provided the person is acting as a lay rescuer and not as a prohibited AED professional.
- (3) A person who lends a piece of equipment or a vehicle, or otherwise provides assistance at the request of an emergency service organization, is immune from civil liability for damage arising from the use of that piece of equipment, that vehicle, or the assistance. This provision does not apply to a person involved in the intentional conduct, bad faith, or reckless behavior which gave rise to the emergency situation or damage.
- (4) A person who comes to the aid of someone who is actively trying to commit suicide is immune from civil liability for acts committed in that effort, provided the person who renders the aid reasonably believes he is preventing the suicide.
- (5) A person who renders cardiopulmonary resuscitation (CPR) or uses an automated external defibrillator (AED) on a person in cardiac arrest is not liable for damages except in cases involving "gross negligence" or "willful and wanton" misconduct.
- (6) A prosecutor is immune from civil liability for loss or damage that results from the plaintiff’s disclosure of confidential information in an official proceeding, including revealing the existence or contents of a potential indictment, without the appropriate State’s Attorney’s consent or authorization.
These are the key provisions of the Texas Good Samaritan Law.
Who Is Covered Under Texas Law?
Emergency responders, their employer, and the medical facility are all protected by this provision so long as the medical care provided is appropriate for what the emergency scene may require. This means that basic first aid, CPR, and applying pressure to a wound are all examples of appropriate, permitted care. Victims cannot file a lawsuit against any of the following providers, so long as that provider meets the requirements of good faith, is covered by liability insurance, or has an employment contract with the entity that provides both emergency medical and nonemergency medical services: (A) a person employed by or affiliated with a licensed or certified hospital, an ambulatory service, or an industrial medical unit; (B) a physician, a physician assistant, or a registered nurse; (C) a member of a volunteer fire department, or a municipal employee or State employee working as a member of an emergency response team; (D) a medical technician or medical evidence technician; (E) a medical technician or emergency medical technologist as defined by Section 773.003 (F) a place where emergency services are provided, such as a pharmacy that can dispense epinephrine through an auto-injector, a school, or a workplace; (G) a community mental health center; (H) a person who has met the required training and certification standards for certification as an emergency medical technician or is an emergency medical services attendant; (I) a person or designated agent legally authorized to act on behalf of an elderly or disabled person that is the subject of an emergency medical response; and (J) a person receiving medical assistance from a medical professional according to Section 773.003 (b).
Exemptions and Restrictions
While the Good Samaritan Law does protect those who provide medical assistance in Texas, there are certain exclusions, limitations and situations where the law would not apply. Most importantly, the Good Samaritan Law does not apply to every situation. The Good Samaritan Law only applies to those who have not been asked to provide medical care, but do so voluntarily, without compensation or expectation of compensation and without knowing that the injured person does not want their help. Additionally, the Good Samaritan Law does not extend to first responders who are on-duty and whose job it is to respond to the incident. This means that with regard to first responders, the Good Samaritan Law will not apply to police officers, firefighters, paramedics, ambulance workers, EMS, or other emergency responders when engaged in their employment or volunteer work. The Good Samaritan Law also does not extend liability protection to any person who provides care that they know to be "grossly negligent." Gross negligence has a set definition in Texas, which refers to an act or course of conduct so reckless as to amount to a conscious disregard or indifference to the safety of the individuals affected. Additionally, the Good Samaritan Law does not protect those who are under the influence of drugs or alcohol. While intoxication is no defense to a negligence claim, it may be a defense to a gross negligence claim. The Good Samaritan Law does not apply if the person who provided assistance was negligent. For example, the Good Samaritan Law would not protect a person who was attempting to get a puppy out of the road via euthanizing the animal from a distance with a shotgun blast that injured a motorist.
Effects On Medical Professionals And Emergency Responders
The Good Samaritan Law in Texas is not exclusive to citizens rendering emergency aid and care. The Texas Good Samaritan Act also has specific provisions for emergency service providers and medical professionals responding to an emergency.
Section 74.152(a) of the Texas Civil Practice and Remedies Code states:
A provider of emergency medical services who, in good faith, administers emergency medical services at the scene of an emergency is not liable for civil damages for an act performed during the administration of services except as may be arising from civil damages for providing care or treatment in a manner that was willfully or wantonly negligent.
Clarifying rules and definitions are contained in the Texas Medicaid Provider Procedures Manual, which explains emergency service providers include those Emergency Medical Technicians (EMTs), paramedics and other personnel certified by Texas EMS. Doctors, nurses, ambulance drivers, and firefighters responding to an emergency are also encompassed in the Texas Good Samaritan Act.
There are several stipulations outlined in this portion of the Texas Good Samaritan Act . The EMS provider must be acting "in good faith" in the performance of emergency medical services at the scene of an emergency. The EMS provider is granted immunity from civil damages for acts occurring during the administration of such services, with the exception of when the care or treatment is willfully or wantonly negligent. The immunity appears to be quite broad for emergency medical personnel.
This section of the Texas Good Samaritan Act differs from most of the remainder of the state’s Good Samaritan acts. Other sections of the law requiring medical service providers to be acting in good faith allow some discretion to the individual to assess whether the current situation, or conditions at the scene of the emergency, would physically endanger the medically trained person responding.
For emergency medical services personnel such as EMTs and paramedics, this does not appear to be the case. A declared emergency, in the form of a 911 call, or an emergency tone followed by the location of the emergency via radio, would seem to present sufficient facts to decree that such personnel are protected under the provision of the Good Samaritan Law that immunizes them from civil damages except for willful or wanton negligent acts.
Examples and Case Studies
The Good Samaritan Law is not just a legal concept that applies in the wake of an emergency, it has real-world implications. For instance, in 2017, an 81-year-old woman suffered a medical emergency in an Austin restaurant. A fellow diner, a stranger, immediately leapt to her aid and administered CPR until emergency services arrived. While this example of selflessness has a happy outcome, as the woman survived without significant injury, not all situations are so straightforward.
In a 2015 case out of Dallas, a man was drinking beer and playing frisbee football with friends in a local park. When one of his friends collapsed, it became clear that he had suffered a seizure. Several people helped him, including a doctor who happened to be passing through the park. When he returned from getting help, the doctor heard his friend’s wife screaming that her husband had stopped breathing. The doctor jumped in and provided mouth-to-mouth resuscitation until EMS arrived. Though the man ended up in a 10-day coma, he recovered and did not suffer any long-term injuries. He then sued the city of Dallas, asserting that the city was liable because so many people had witnessed the seizure but few had intervened.
In Dallas County, Texas, jurors considered this information when determining whether the bystanders were "reckless" in failing to help. The Court of Appeals affirmed the lower court’s ruling to grant summary judgment in favor of the defendants. The Court held that giving mouth-to-mouth resuscitation is a "diagnosis or treatment" under the Good Samaritan Act, thus exempting the defendants from liability.
An even more extreme case came out of Denton County a few years ago. A man drove his car into a lake as he attempted to drive across a flood bridge. Three Good Samaritans jumped into the water to save him but were unsuccessful. One of them, a 13-year-old boy, perished. His parents sought $1 million in damages against Denton County and the other three rescuers. A jury trial found in favor of defendants, and the Ninth Court of Appeals in Tyler affirmed the ruling.
In each of these cases, the Good Samaritan Act was applied. Texans who willingly assist those in need are protected by the statute, even if their actions unintentionally result in harm.
Bystander Effects
So if Texas law says that you cannot sue the good Samaritan who gives aid to an injured party in an emergency situation, what does that mean for bystanders? As a bystander, you have a couple of decisions to make. Do you intervene to help someone? If you do, are you sure that you know what you’re doing? Or do you let the situation play out and risk the person coming to harm or even death? What if you have certain knowledge that it was not an accident, but a premeditated attack, and you decide to not get involved and just call the police? You could be considered negligent, and thus responsible for the outcome.
The Good Samaritan Law is written to protect those who take the steps to help another human being. In doing so, they are not legally responsible for anything that may happen to this victim. But the law also implies that you have a duty to assist anyone who is clearly in need of help. And if you have reason to know – for example, if the person is clearly in medical distress like a heart attack and unable to speak, but you can see the phone number activated on the screen – you have a duty to call emergency services.
If you do intervene and choose to help, do you have to be a hospital doctor to be protected? No. What is the emergency? And the answer to the question will depend on what you as a volunteer first responder perceive the emergency to be. For example, if John Doe is shot in the back by another person, and you witness the shooting, and you go to help him and apply pressure to his wound, then you are covered under the Good Samaritan Act. You did not create the emergency – someone else did. But following the shooting, John Doe has developed an embolism in his leg as a result of having your hands on his wound. Was it an embolism in his leg because you didn’t apply the pressure the way that you should have? No. It’s something that could happen in the best of circumstances, anyway. Like I said, it’s if you cause the harm or the injury that you are liable for the problems that happen afterward.
Staying Informed and Protected
Staying informed and prepared is key to being able to assist someone in need without putting oneself at risk of liability.
To ensure you are informed, check with local hospitals, ambulance services, and volunteer fire departments (who typically train individuals on CPR and First Aid) to find out if they have a list of Good Samaritan Laws and Good Samaritan training. To be aware of Good Samaritan Laws in all other states, you can go to www.nolo.com/legal-encyclopedia/what-good-samaritan-laws-require-32906.html for a complete list. Your employer may also have good information about Good Samaritan Laws. Hospitals, law offices and lawyers in general are great resources on these laws. Further, larger organizations may have internal e-mail groups (e.g. legal group), or e-mail lists (e.g. legal listservs) specific to discussing and analyzing Good Samaritan Laws. Your employer’s human resources department may also have some information for employees about being protected when offering aid to individuals in need. Another way to stay connected and informed is to review the exhaustive list of legal websites available online. Some of the largest legal websites available to the public that provide free and up-to-date information include: Additionally , it is important to stay informed of any new legislation that may be passed that impacts Good Samaritan Laws or to determine whether an individual may be covered under other applicable laws. Many newspapers have dedicated E-Alerts that send out information about local laws and statutes. Websites such as www.smartbrief.com are a great resource for daily news about laws that impact Texas citizens. Your local or state bar associations will provide you with the law updates you may need to fully understand your state’s Good Samaritan Laws. Through these associations, you can receive newsletters that highlight recent legislation or bills that have been passed that apply to all types of Good Samaritan Laws in Texas. Also, for a small annual fee, these bar associations will usually provide access to very inexpensive continuing legal education seminars that focus on topics like Good Samaritan Laws and more specific tests for determining whether an individual’s actions may be covered under these laws.