US Legal Forms
Legal Resources
Questions & Answers
Helping People
Can I sue a stranger for giving me CPR instead of taking me to a doctor?

Can I sue a stranger for giving me CPR instead of taking me to a doctor?

Full question:

A stranger on the road gave me CPR when I fainted after complaining of chest pain. He could have taken me to the doctor directly instead of doing that. Can I sue him for compensation for endangering my life?

Category: Helping People
Date: 04/07/2025
State: Massachusetts

Answer:

No, you likely cannot sue the stranger. He would probably be protected from liability since he provided CPR in good faith to help save your life. According to Massachusetts law (ALM GL ch. 112, § 12V), a person who renders emergency care, including CPR, without compensation is not liable for any damages unless they acted with gross negligence or willful misconduct.

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

Can you get in trouble if you are CPR certified and don't help?

In general, if you are CPR certified, you are encouraged to help in emergencies. However, you typically cannot be legally compelled to perform CPR. Laws vary by state, but many have Good Samaritan laws that protect individuals from liability when they provide assistance in emergencies. If you choose not to help, you may face social or ethical criticism, but legal consequences are unlikely unless you have a specific duty to act, such as being a healthcare professional in a certain context.

Can you refuse to do CPR?

Yes, you can refuse to perform CPR. While it is encouraged to assist in emergencies, there is generally no legal obligation to do so unless you are a healthcare professional with a duty to act. Good Samaritan laws protect those who help, but they do not penalize individuals who choose not to intervene. However, refusing to help may raise ethical questions, especially if you are trained and able to assist.

Can you sue someone for doing CPR?

Generally, you cannot sue someone for performing CPR, especially if they acted in good faith to help you. Most states have Good Samaritan laws that protect individuals from liability when they provide emergency assistance, including CPR, unless they acted with gross negligence or willful misconduct. This means that as long as the person was trying to help, they are typically shielded from legal action.

Can you go to jail for giving CPR?

No, you typically cannot go to jail for giving CPR, as long as you are acting in good faith to help someone in an emergency. Good Samaritan laws protect individuals who provide assistance, including CPR, from legal repercussions. However, if someone were to perform CPR recklessly or with gross negligence, they could potentially face legal consequences, but jail time for simply trying to help is unlikely.

What happens if you perform CPR without certification?

If you perform CPR without certification, you generally won't face legal penalties as long as you act in good faith to assist someone in an emergency. Many states have Good Samaritan laws that protect individuals who provide emergency care, regardless of their certification status. However, being untrained may increase the risk of causing harm, so it's advisable to seek proper training to ensure effective assistance.

Can you give CPR to a stranger?

Yes, you can give CPR to a stranger in an emergency situation. Good Samaritan laws generally protect individuals who provide assistance to others in need, including performing CPR. It is encouraged to help if you see someone in distress, as long as you are acting in good faith and without expectation of compensation. However, it is advisable to be trained in CPR to increase the chances of a positive outcome.