Question:
Hello Jennifer.
I coach my kid's team and occasionally see an on field injury. What's my liability exposure for offering assistance?
Thanks,
Dr. G
Answer:
That's a great question and the answer is that healthcare professionals are statutority protected should they assist in an emergency situation so long as no gross negligence is committed. Specifically, NY Education Law has carved out "special provisions" for healthcare professionals that address "Good Samaritan" activities, as follows:
"[...] any licensed [healthcare professional] who voluntarily and without the expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency, outside a hospital, doctor's office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such first aid or emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such [healthcare professional] . Nothing in this subdivision shall be deemed or construed to relieve a licensed [healthcare professional] from liability for damages for injuries or death caused by an act or omission on the part of a [healthcare professional] while rendering professional services in the normal and ordinary course of his /her practice."
Should you assist someone in an emergency situation, the above language would exculpate you from any liability, short of a determination of gross negligence. Now, unfortunately we live in the land of opportunity, and that means the opportunity to sue anyone for pretty much any reason. For you to be liable for damages in the above scenario, a court of competent jurisdiction would have to make a determination that your actions constituted gross negligence, which is a very high threshold to meet. But, for an action to reach that stage you would, of course, have to be sued and endure the litigation process.
This is one of those situations where its a personal decision about whether you want to open yourself up to potential liability to do a good deed for a stranger, because at the end of the day there is no guarantee that your good deed will not go unpunished by the aggravation of a lawsuit looking for recovery. Tough call, but its worth reiterating that the likelihood of suit may be small, and the likelihood of a finding of gross negligence even smaller.
