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Am I liable for new injuries sustained while providing emergency care?

Am I liable for new injuries sustained while providing emergency care?

Q: Can I be sued for giving first aid in an emergency?

Generally, if you provide first aid in good faith during an emergency, you cannot be sued for any injuries that result from your actions. In West Virginia, the law protects individuals who assist others in emergencies, as long as they act without compensation and with the intent to help (W. Va. Code § 55-7-15).

Q: Are there any exceptions to the immunity for emergency care providers?

Yes, while West Virginia law provides immunity for emergency care providers, exceptions may exist. If the care provided was grossly negligent or reckless, or if the provider was not acting in good faith, liability could arise. Always ensure your actions are reasonable and intended to help in emergencies.

Full question:

I'm a doctor practicing in WV. While I was walking through the road I found a man attacked by someone and in a worst condition. I gave first aid at the scene and carried him to my clinic and stitched his wounds. While I carried him, he sustained some more injuries. Am I liable for those new injuries?

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

Answer:

No, you are not liable for any new injuries that occurred while you were providing emergency care. In West Virginia, a doctor or dentist who in good faith provides emergency assistance at the scene of an accident or crime is protected from civil liability for any acts or omissions during that care (W. Va. Code § 55-7-15). This immunity applies as long as the care is given without compensation and in good faith. Therefore, you should not face legal trouble for helping the injured man.

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 protections do doctors have when providing emergency care in West Virginia?

In West Virginia, doctors who provide emergency care in good faith are protected from civil liability under W. Va. Code § 55-7-15. This means if you assist someone in an emergency without expecting payment, you cannot be held legally responsible for any injuries that occur during that care, as long as your actions are reasonable and intended to help.

Can I be sued for giving first aid in an emergency?

What should I do if someone gets injured while I am helping them?

If someone sustains injuries while you are providing assistance, document the situation and your actions. In West Virginia, you are typically protected from liability for those injuries if you acted in good faith and without compensation (W. Va. Code § 55-7-15). It may also be wise to consult with a legal professional for specific guidance.