To Aid or Not To Aid, That is the Question Missouri s Good Samaritan Law

Transcription

1 To Aid or Not To Aid, That is the Question Missouri s Good Samaritan Law Cheryl Ann Schuetze Chief Counsel, Governmental Affairs Section Missouri Attorney General s Office December 12, 2017

2 1. The statements, opinions, and representations in this presentation are mine alone and not official statements of the Attorney General s Office. 2. Damn it, Jim I m a lawyer, not a doctor!

3 You come across an emergency

4 No Duty to Rescue General Rule: There is no duty to rescue (unless otherwise provided by law) If you start a rescue, you have a duty to complete it in a nonnegligent way

5 What Do You Do?

6 Why would someone NOT help? 75% of Indian s polled in 2016 said they would not stop to help at a car accident 88% of those that would not stop said it was fears of legal trouble

7 Good Samaritan Law RSMo. Purpose: To eliminate legal barriers causing the people most able to help during an emergency to hesitate before rendering aid. shall not be liable for any civil damages

8 1. Physician or surgeon; Good Samaritan Law: Dr s, Nurses, EMTs Who is Protected: 2. Registered Professional Nurse or Licensed Practical Nurse; or 3. Licensed Mobile Emergency Medical Technician.

9 Dr s, Nurses, EMTs What Actions Are Protected: 1. Good faith rendering of emergency care or assistance 2. Without compensation

10 1. Adults Good Samaritan Law: Dr s, Nurses, EMTs To Whom: 2. Minors without consent of parent or guardian: 1. Involved in an accident; 2. Involved in competitive sports; or 3. Other emergency and 4. At the scene of an accident

11 First Aid Who is Protected: 1. Any other person who has been trained to provide first aid in a standard recognized training program.

12 First Aid What Actions Are Protected: 1. Good faith rendering of emergency care or assistance to the level for which he or she has been trained; 2. Without compensation

13 First Aid 1. Not limited To Whom:

14 Mental Health, Chiropractor, NP, PA 1. Mental Health Professional; 2. Counselor; Who is Protected: 3. Medial osteopathic or chiropractic physician; 4. Certified nurse practitioner; or 5. Physicians assistant

15 Mental Health, Chiropractor, NP, PA What Actions Are Protected: 1. Good faith rendering of suicide prevention interventions 2. At the scene of a threatened suicide 3. Without compensation

16 Mental Health, Chiropractor, NP, PA 1. Not limited To Whom:

17 Everyone Else 1. Anyone not already listed Who is Protected:

18 Everyone Else What Actions Are Protected: 1. Good faith rendering of suicide prevention interventions 2. At the scene of a threatened suicide 3. (Note: no compensation limitation)

19 Everyone Else 1. Not limited To Whom:

20 EXCEPTIONS 1. Gross Negligence; 2. Willful or wanton acts or omissions; or 3. Non-civil liability

21 Regular negligence Legal duty Breach of that duty Injury Caused by breach of duty Good Samaritan Law: EXCEPTIONS Gross Negligence - Torts PLUS: elevated mental state Reckless conduct done with the knowledge that there is a strong possibility of harm and indifference as to that likely harm. Edwards v. Gerstein, 363 S.W.3d 155, 166 (Mo. Ct. App. W.D. 2012)

22 EXCEPTIONS Gross Negligence - Licensing Negligence is defined in Missouri law as the failure to use the degree of care required under the particular circumstances involved. Duncan v. Missouri Bd. for Architects, Prof'l Engineers & Land Surveyors, 744 S.W.2d 524, 532 (Mo. Ct. App. 1988) Gross Negligence in the licensing context is a gross deviation from the standard of care. Tendai v. Missouri State Bd. of Registration for Healing Arts, 161 S.W.3d 358, 368 (Mo. 2005)

23 EXCEPTIONS Willful or Wanton Act or Omission Willfulness or wantonness imports premeditation or knowledge and consciousness that injury is likely to result from the act done or from the omission to act. Opposite of negligence Negligence = inadvertent harm Willful or wanton = purposeful harm Plant v. Thompson, 221 S.W.2d 834, 400 (Mo. banc 1949)

24 Licensure Criminal Good Samaritan Law: EXCEPTIONS Adverse employment actions Non-Civil Liability

25 Questions? Cheryl Ann Schuetze Chief Counsel, Governmental Affairs Section Missouri Attorney General s Office Cheryl.Schuetze@ago.mo.gov