What Law Protects Against Civil Lawsuits When We Try to Help a Victim in Medical Need?

What is the "Good Samaritan Police force" in California?

California Good Samaritan law is set up forth in Health and Safety Code 1799.102 HS. The law shields you from civil liability when they act in good faith, not seeking compensation, to render emergency medical or not-medical careatthe scene of an emergency.

HS 1799.102 states that "(a) No person who in good faith, and not for compensation, renders emergency medical or nonmedical intendance at the scene of an emergency shall be liable for any civil damages resulting from any act or omission. The scene of an emergency shall not include emergency departments and other places where medical intendance is usually offered. This subdivision applies just to the medical, law enforcement, and emergency personnel specified in this chapter."

Examples ofexpert Samaritan related acts include:

• seeing a machine crash into a tree while walking home from work and helping the injured driver out of the car
• providing "light" medical care to a person after watching him fall off a stadium seat at a softball game
• dragging a drowning swimmer out of a lake and performing CPR

Please annotation thatcivil damages under this police force include both:

• compensatory damages, and
• punitive amercement.

The protection against ceremonious liability extended under the GSL does not include instances of gross negligence and willful or wanton misconduct.

Please annotation that HSC 1799.102 originally only practical to "medical care," only with the passage of Assembly Bill 83 in 2009, it at present applies to "nonmedical care" as well.

Also note that the GSL is silent oncriminal liability, which means a "skillful Samaritan" could technically confront criminal charges if he or she commits a law-breaking in the provision of emergency care. Charges could include:

• an infraction,
• a misdemeanor, or
• a felony (depending on the crime committed).

In contrast, criminal liability is extended (in some situations) to persons in possession of drugs, or using drugs, if they seek medical help if another person is experiencing a drug-related overdose.

OurCalifornia criminal defense attorneys will explain the following in this article:

• 1. What is California's good Samaritan law?
• ii. What are civil damages?
• 3. What about gross negligence and willful misconduct?
• 4. How did Assembly Bill 83 alter the law?
• v. Does HSC 1799.102 protect against criminal liability?
• 6. What about helping someone in a drug overdose instance?

Health and Safety Code 1799.102 sets forth the State'due south Skillful Samaritan Law.

1. What is California'south proficient Samaritan constabulary?

NetherHSC 1799.102, the GSL states that a person cannot be liable for whatsoever ceremonious damages that result from his or her providing of emergency care, if:

1. the person acted ingood faith, and not for compensation,
2. he or she provided either emergency medical care or nonmedical care, and
3. the care was providedat the scene of an emergency.¹

Annotation that "the scene of an emergency" does not include emergency departments and other places where medical intendance is usually provided.^two

The GSL is designed to protect "good Samaritans" that help at the scene of an accident or emergency, but perhaps are not as qualified in giving care as trained medical personnel. The constabulary also encourages people and bystanders to volunteer in emergency situations, even without compensation.³

2. What are civil damages?

Civil damages, in the context of a ceremonious lawsuit, refer to the amercement (or lump of coin) a plaintiff may recover for any injuries incurred.

These damages include both:

• compensatory damages, and
• punitive damages.

In California,compensatory damages for an accident or injury fall into two basic categories:

• "economic" damages, such every bit medical bills, property harm and lost wages, and
• "non-economical" damages, such as pain and suffering.

California Ceremonious Code § 3294 permits a plaintiff to be awarded "punitive" damages in a personal injury case.

Different compensatory damages, punitive damages are based not on the plaintiff's losses, but on:

• the reprehensibility of the accused's conduct, and
• the accused'southward ability to pay.

They are granted to punish a defendant in cases of intentional harm or extreme recklessness.

When granted,punitive amercement are in addition to amounts awarded every bit compensatory damages.

3. What most gross negligence and willful misconduct?

The protection extended nether the GSL does non include instances ofgross negligence orwillful or wanton misconduct.

HSC 1799.102(b)(2) specifically states that protection from ceremonious liability does not utilize when damages outcome from:

"an act or omission constituting gross negligence or willful or wanton misconduct."⁴

"Gross negligence" is the duty of care owed in some California personal injury cases. Gross negligence is greater than ordinary negligence in California just not as serious as recklessness.

California courts more often than not define "gross negligence" as:

• a lack of any care, or
• an extreme departure from what a reasonably careful person would practice in the same state of affairs to forbid harm to oneself or to others.⁵

In dissimilarity,willful or wanton misconduct is an aggravated course of negligence. It refers to behave that is committed with:

• intentional or reckless condone for the safety of others, or
• an intentional disregard of a duty necessary to the safety of another's holding.^half-dozen

AB 83, passed into police force in 2009, protects both "medical and nonmedical care." The intent of the legislature was to brand the police more fair.

4. How did Assembly Bill 83 change the police?

Prior toAssembly Bill 83, the GSL only protected a person from civil liability if he or she rendered "medical care" at the scene of an emergency. AB 83, passed into law in 2009, changed this past protecting both "medical and nonmedical care."

The beak came after anbodily practiced Samaritan instance, in which a witness of a car blow pulled a person from a motorcar that was probable to catch on burn down. The person pulled from the auto sustained injuries and later sued the "practiced Samaritan."

In the suit, the court ruled in favor of the plaintiff considering the law didnot include "nonmedical care." Given the sense of unfairness inside this upshot – that good Samaritans could be liable for helping accident victims – the GSL law was amended to its electric current course.

v. Does HSC 1799.102 protect confronting criminal liability?

Good Samaritan California law is silent oncriminal liability. This ways that a person could technically face criminal charges if he or she commits a crime in the commission of emergency care.

Consider, for example, a person rescues a driver from a auto accident. In the class of the rescue, the "skillful Samaritan" injures the driver'due south leg while dragging him from the car. The rescuer stabilizes the driver with first aid and calls 9-1-1. He then takes the commuter's wallet and runs off.

Under Health and Safety Code 1799.102, the driver / injured victim could not sue the rescuer for his leg injuries. Yet, authorities could all the same arrest the rescuer for theft.

6. What about helping someone in a drug overdose case?

UnderCalifornia Wellness and Safe Code 11376.5, a person will non be charged with drug possession or use crimes if that person:

1. acts in good faith, and
2. seeks medical assistance/ emergency medical services for another person experiencing a drug-related overdose.⁷

This police force was designed to encourage a witness of a drug-related overdose to:

• call 9-one-1, or
• seek emergency help in a timely manner to save the life of the overdose victim.

According to the California Section of Public Health, about 15,725 Californians died from drug overdoses between 2008 to 2012. By comparing, nearly 14,860 Californians died in traffic incidents during that same catamenia.

Note thatHSC 11376.5 does not protect a person from the following crimes:

• selling drugs, per HSC 11352, or
• driving under the influence of drugs, per VC 23152.

Call our constabulary firm for aid. We offer gratuitous consultations and legal advice. Nosotros are based in Los Angeles only have police offices throughout the state.

Also encounter our personal injury attorney website.

In Nevada? See our article about Nevada Good Samaritan Laws.

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Legal References:

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Source: https://www.shouselaw.com/ca/personal-injury/good-samaritan-law/

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