Law
Introduction
A Good Samaritan Statute is a state law which instructs that those individuals who offer emergency services or rescue another person who is in peril cannot be sued for negligence, unless they acted in a reckless manner, which results to further harm to the victim (Miller and Jentz, 2010). There are several states that have established their own statutes that set the duties and responsibilities as part of the Good Samaritan Statutes. The law provides that any person who has been given voluntary assistance by another cannot turn around and sue “The Good Samaritan” for the negligence (Miller and Jentz, 2010). Such laws were created to protect doctors, physicians and other medical personnel after giving voluntary medical service to victims of vehicular accidents.
Discussion
In the case of the California Supreme Court, it held that Good Samaritan Laws of the state explains that non-medical personnel who rendered voluntary service shall not be exempt from suit or any liability. This brings to the conclusion that medical persons who render assistance to people who may have been hurt during vehicular accidents shall be immune from suit in the state of California (Miller and Jentz, 2010). Lambeth (2000) stated that Good Samaritan laws demand that citizens must do their part to provide assistance to prevent or deter crimes and injuries. The “duty to assist” statutes demand a swift reporting of the crime or accident to the authorities; and; That the immunity from liability statutes extend to those people who willingly and voluntarily exerted efforts to rescue or to those individuals who are expected to save or rescue victims, in the person of physicians, doctors or emergency medical technicians (Lambeth, 2010).
Gurley (2011) provides that there are several state legislatures which have taken steps to preclude deaths that may be caused by drug abuse and/or alcohol related overdose accidents. These situations involving drug or substance overdoses may occur during drug use or alcohol consumption that deals with one or more of the peers of the victim who had experienced drug overdose and other similar instances where the victim would have been saved. For the future “Good Samaritans”, they may opt to leave the victims of drugs or alcohol overdose to their own fate, instead of calling for assistance and be answerable to the legal repercussions in connection to their own illicit possession of or consumption of drugs or alcohol (Gurley, 2010). In other states such as in New Mexico, it has been regarded as the first state to enact a law which provided immunity from liability where a “Good Samaritan” sought medical assistance for a drug or alcohol overdose victim in good faith. Thus, in the state of New Mexico, any person who may call and asked to provide assistance to drug or alcohol victims will no longer be charged to undergo litigation for possession of a controlled substance. This shall pursuant to the Controlled Substances Act of each state that which shall be decided on the basis of evidence gathered that resulted to the Good Samaritan’s act of seeking medical assistance. In the same manner, any person who shall be in need of medical assistance for a drug overdose will be equally immune from any liability (Gurley, 2010).
Conclusion
I consider the definition of Miller and Jentz (2010) as the best definition of “Good Samaritan Statutes” because it has clearly explained the act that will give rise to the coverage of the statute, the persons who will be accountable for negligence, and the persons who shall be immune from suit in case that the act of deterring or preventing a peril from happening was done in good faith. It bears stressing that the “Good Samaritan Statute” is a law that has been implemented in all states in the U.S. in order to exempt those persons who voluntarily gave emergency services to be able save or rescue another and had undergone a life and death situation. Therefore, those in the medical personnel cannot be sued for negligence unless it can be established that the “Good Samaritan” took precautionary measures. Thus, it is important to emphasize an exemption to the rule, which stated that unless the person who has rescued another had acted in a reckless manner and careless approach that resulted to inflict further harm to the victim may be sued for negligence and civil liability (Miller and Jentz, 2010). As a result, it has been shown that the acts of kindness of person who went out of their ways to provide voluntary assistance are exempt from suite. To conclude, the person who received assistance to be rescued cannot sue the “Good Samaritan” solely on the ground of negligence (Miller and Jentz, 2010). Some of the common that the law seeks to protect include doctors, physicians and other medical personnel. Another innovation of the “Good Samaritan Statute” is that it now covers majority of the victims breaking their own habits of drugs or alcohol overdose, rather than to call for assistance and be accountable to the legal repercussions in relation to illicit possession of or consumption of drugs or alcohol (Gurley, 2010).
References
Gurley, H. (2011). 911 Good Samaritan Laws. RX Ipsa Loquitor (30)5, 3.
Lambeth, E. B. (2000). The News Media and the Good Samaritan Statute Controversy: Covering the Ethics of Others. Santa Clara Law Review, 40(40), 1033-1051.
Miller, R.L. and Jentz, G. A. (2010). Cengage Advantage Books: Business Law Today: The Essentials. California: Cengage.
