Good Samaritans are individuals who voluntarily provide emergency medical 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 and Emergency Medical Assistance 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.
These laws are particularly relevant when an individual renders aid during an emergency situation, as they aim to protect those who act in good faith.
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.
What Constitutes a Medical Emergency?
A medical emergency is a situation where an individual’s life or health is at immediate risk, necessitating urgent medical attention to prevent serious harm or death. In the context of Good Samaritan laws, a medical emergency typically involves scenarios where prompt medical care is crucial. This can include instances such as cardiac arrest, severe injuries from accidents, or life-threatening illnesses.
In Missouri, the Good Samaritan law applies to medical emergencies that occur outside of traditional healthcare settings. This means that medical professionals who provide emergency care in situations like car accidents, sports injuries, or other urgent scenarios may be shielded from civil liability under the law. The intent is to encourage quick and decisive action to save lives and mitigate further injury without the fear of legal repercussions.
Who is Protected Under the Law?
The Good Samaritan law in Missouri extends its protection to a range of individuals who provide emergency care in good faith and without gross negligence. Those protected include:
- Medical professionals, such as doctors, nurses, and emergency medical technicians
- Mental health professionals, such as psychologists and counselors
- Licensed practical nurses and other medical technicians
- Emergency medical responders, such as paramedics and EMTs
These individuals are safeguarded from civil liability for damages resulting from their acts or omissions while rendering emergency care, provided they act in good faith and without gross negligence. This legal protection ensures that these professionals can focus on delivering critical care during emergencies without the looming threat of legal consequences.
The Role of Good Samaritan Laws in Emergency Care
Good Samaritan laws play a pivotal role in emergency care by encouraging medical professionals to provide immediate medical assistance in emergency situations without the fear of civil liability. These laws acknowledge that medical emergencies often demand swift action and decision-making and that medical professionals may not always have the luxury of obtaining informed consent or adhering strictly to standard medical protocols.
By offering immunity from civil liability, Good Samaritan laws help ensure that medical professionals are willing to step in and provide emergency care when it is most needed. This legal protection can be life-saving, as it promotes timely and effective intervention during critical moments.
Moreover, Good Samaritan laws foster a culture of emergency preparedness and response. By incentivizing medical professionals to offer emergency care, these laws contribute to communities being better equipped to handle medical emergencies, ensuring that timely and effective care is available when it matters most.
Overall, Good Samaritan laws are a crucial component of the emergency care system, playing an essential role in enabling medical professionals to deliver prompt and effective care in emergency situations.
Exceptions to Good Samaritan Immunity and Gross Negligence 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.
In cases where a medical professional’s actions constitute medical malpractice, such as gross negligence or lack of proper medical training, they may still be held liable for further harm.
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 and Medical Professionals of Goza & Honnold Today
If you were injured due to a first responder’s gross negligence, speak with the Overland Park or Kansas City personal injury 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.
Goza & Honnold, a trusted personal injury law firm serving Missouri and Kansas, is known for our dedication to client advocacy and trial excellence. With a strong focus on auto accidents, medical negligence, and product liability cases, our experienced attorneys work diligently to secure fair outcomes while being fully prepared to take cases to trial when necessary. We work closely with our clients to build strong cases that reflect their unique experiences.