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Can I use the Good Samaritan defense for emergency treatment provided?

Can I use the Good Samaritan defense for emergency treatment provided?

Full question:

Last week a patient had come as an emergency case. This patient also has his family doctor working in the same hospital but, as he was busy, his patient’s case was bought to me. I performed some emergency treatment on him before his doctor came and took charge of the further treatment. Now this doctor claims that due to my negligent treatment his patient got some severe medical issues. Can I claim the Good Samaritan defense in this case?

Category: Helping People
Subcategory: Good Samaritan Laws
Date: 04/07/2025
State: Colorado

Answer:

Yes, you can claim the Good Samaritan defense in this situation. You provided emergency treatment in good faith while the patient's regular doctor was unavailable. Under Colorado law, if you render emergency care without compensation and in good faith, you are generally not liable for civil damages unless your actions were grossly negligent or willful and wanton. However, if you had a pre-existing obligation to care for the patient, you would not be protected by the Good Samaritan law (C.R.S. 13-21-108).

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.

FAQs

What to do if a patient wants to leave against medical advice?

If a patient wants to leave against medical advice (AMA), first ensure they are fully informed of the risks involved in leaving. Document the conversation and the patient's decision. Encourage them to stay and seek further treatment, but respect their autonomy. If they insist on leaving, have them sign an AMA form to acknowledge their choice. This protects you from liability, as it shows the patient understands the potential consequences of their decision.

How to professionally care for and communicate with difficult patients?

To care for and communicate with difficult patients, remain calm and empathetic. Listen actively to their concerns and validate their feelings. Use clear, simple language to explain medical procedures or decisions. Establish boundaries while maintaining professionalism. If necessary, involve a supervisor or a mediator to help resolve conflicts. Effective communication can improve the patient’s experience and compliance with treatment.

What are the 5 levels of triage?

The five levels of triage are: 1) Resuscitation – immediate life-saving intervention needed; 2) Emergent – serious conditions requiring prompt attention; 3) Urgent – conditions that need care but are not life-threatening; 4) Semi-urgent – conditions that can wait a bit longer for treatment; 5) Non-urgent – minor issues that can be treated later. This system helps prioritize patient care based on the severity of their condition.

Do you have the right to leave the facility against medical advice?

Yes, patients have the right to leave a healthcare facility against medical advice. However, it is crucial that they are informed of the risks associated with leaving without proper care. Healthcare providers should document the patient's decision and ensure they understand the potential consequences. This helps protect the provider from liability in case of adverse outcomes after leaving.

What should you do if a patient is having a medical emergency?

If a patient is having a medical emergency, immediately call for help and activate emergency protocols. Assess the patient's condition and provide necessary first aid or CPR if qualified. Ensure that emergency medical services are on their way. Stay with the patient, monitor their vital signs, and provide reassurance until professional help arrives. Your prompt action can be critical in saving their life.

What would you do if you were seeing a patient in the emergency room and he or she wants to leave against medical advice?

If a patient in the emergency room wants to leave against medical advice, first explain the risks of leaving without treatment. Document the discussion and the patient's decision. Encourage them to stay for further evaluation. If they still choose to leave, have them sign an AMA form to acknowledge their choice. This protects you from liability and ensures the patient understands the potential consequences.