Full question:
I had to call an ambulance last night when my dad complained of chest pain. The ambulance attendant helped my dad get inside the ambulance but while closing the gate he hit my dad’s head. Can I sue this guy and ask for compensation?
- Category: Helping People
- Subcategory: Good Samaritan Laws
- Date:
- State: Arizona
Answer:
The ambulance attendant in your case seems to have mistakenly hit your dad’s head while closing the door. Therefore, it is more likely for him get immunity under the Good Samaritan law of Arizona and thus you will not be able to claim any damages against him. According to this law, any health care provider whose got a license or is certified to practices in Arizona or any licensed ambulance attendant or driver, who gives any emergency medical care at a public gathering or during an emergency, cannot be held liable for any damages for giving any emergency care or treatment. However, if they cause great harm to the patient due to gross negligence then would not be immune under the good Samaritan law.More information on the relevant law is below.
A.R.S. § 32-1471:
Health care provider and any other person; emergency aid; non-liability
Any health care provider licensed or certified to practice as such in this state or elsewhere, or a licensed ambulance attendant, driver or pilot as defined in section 41-1831, or any other person who renders emergency care at a public gathering or at the scene of an emergency occurrence gratuitously and in good faith shall not be liable for any civil or other damages as the result of any act or omission by such person rendering the emergency care, or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the injured persons, unless such person, while rendering such emergency care, is guilty of gross negligence.
A.R.S. § 32-1472:
Limited liability for emergency health care at amateur athletic events
A health care provider licensed or certified pursuant to title 32 who agrees with any person or school to voluntarily attend an amateur athletic practice, contest or other event to be available to render emergency health care within the provider's authorized scope of practice and without compensation to an athlete injured during such event is not liable for any civil or other damages as the result of any act or omission by the provider rendering the emergency care, or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the injured athlete, if the provider acts in good faith without gross negligence.
A.R.S. § 12-573:
Limited liability for treatment related to delivery of infants; exception; definition
A. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence, a physician licensed to practice pursuant to title 32, chapter 13 or 17 is not liable to the pregnant female patient, the child or children delivered or their families for medical malpractice related to labor or delivery rendered on an emergency basis if the patient was not previously treated for the pregnancy by the physician, by a physician in a group practice with the physician or by a physician, physician assistant or certified nurse midwife with whom the physician has an agreement to attend the labor and delivery of the patient.
B. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence regarding the acts or omissions of a licensed health care facility or its employees in cases that are covered by subsection A of this section, the health care facility is not liable to the female patient, the child or children delivered or their families for medical malpractice related to labor or delivery.
C. This section does not apply to treatment that is rendered in connection with labor and delivery if the patient has been seen regularly by or under the direction of a licensed health care provider or a licensed physician from whom the patient's medical information is immediately available to the physicians attending the patient during labor and delivery.
D. For the purposes of this section, "emergency" means when labor has begun or a condition exists requiring the delivery of the child or children.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
