Good samaritans are individuals who voluntarily provide assistance or aid to those in need during emergencies or accidents. While intentions are noble, there may be concerns about the potential legal liability when providing aid. Typically, a good samaritan has immunity from lawsuits in Missouri. However, the law does provide exceptions by which a first responder can be liable for damages if he or she was grossly negligent, a mistake or error was intentional, or the error occurred in an emergency room and not at the scene. If you suffered injuries due to a grossly negligent samaritan, speak with the lawyers of Goza & Honnold for a case assessment.
According to Missouri law, a Good Samaritan includes physicians, surgeons, registered or licensed nurses, a civilian certified to provide first aid, mental health professionals, chiropractors, nurse practitioners, and physician assistants. If a first responder made a mistake during emergency treatment or was grossly negligent, the lawyers of Goza & Honnold are prepared to fight for compensation.
What Are Good Samaritan Laws in Missouri?
Good Samaritan Laws exist in many states, including Missouri, to encourage individuals to provide assistance in emergency situations without fear of legal repercussions. These laws are designed to protect well-intentioned bystanders from liability when they attempt to help someone in need, provided they act reasonably and without gross negligence.
Missouri Revised Statute Section 537.037 outlines that any person who, in good faith, voluntarily and gratuitously provides emergency care to those in need shall not be liable for damages resulting from their acts or omissions unless they display willful and wanton misconduct.
If a first responder acts quickly to provide life-saving emergency care and their medical aid results in further injury to the victim they are treating, the Good Samaritan Laws prevent the victim from pursuing a lawsuit against the first responder. As such, if a first responder makes a reasonable mistake while providing emergency care, you may be prevented from seeking a personal injury claim for your injuries under these laws. However, there are important exceptions, which is why it is imperative to consult the experienced lawyers of Goza & Honnold.
Exceptions to Good Samaritan Immunity in Missouri
The law protects individuals providing emergency care as long as they do not engage in willful and wanton misconduct or are grossly negligent. This means that a good samaritan may still be held liable for further harm if their actions or omissions were reckless or intentional. Acts of negligence that go beyond ordinary care and caution may breach the protection offered by Good Samaritan Laws.
While first responders are generally protected, there are situations where liability could arise, including the following circumstances:
- Failing to provide reasonable care or assistance: If a good Samaritan’s actions are reckless or show a complete disregard for the safety of the injured victim, they may be liable for further harm.
- Misdiagnosis or improper treatment: providing medical assistance beyond one’s training or capabilities could lead to liability if harm results.
- Abandoning care prematurely: Leaving a victim in distress before professional help arrives without ensuring their safety may be considered gross negligence.
- The first responder charged a fee for their emergency care
- The error was intentional
- The error or mistake occurred in an emergency room rather than at the scene of the emergency
Exceptions to Good Samaritan Laws enable victims to pursue compensation for the worsening of their injuries or condition. The lawyers of Goza & Honnold will thoroughly investigate the circumstances surrounding the incident and help you understand your legal options.
Speak With the Personal Injury Lawyers of Goza & Honnold Today
If you were injured due to a first responder’s gross negligence, speak with the lawyers of Goza & Honnold. We have decades of experience helping Missouri victims seek the compensation they deserve in complex personal injury claims. We provide comprehensive legal guidance at every step of the process so you can focus on recovery during this challenging time.
Call our office today for a free consultation at (913) 451-3433 or fill out a contact form.