What is the Good Samaritan law in Massachusetts?

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. it is more likely that the stranger would be held immune from any damages as he if gave you CPR in good faith to save your life. You won’t be able to claim any damages from such a person who tried to help you in saving your life.

Here is the relevant law:

ALM GL ch. 112, § 12V :
Exemption From Civil Liability for Rendering Emergency Cardiopulmonary Resuscitation.

Any person, who, in good faith, attempts to render emergency care including, but not limited to, cardiopulmonary resuscitation or defibrillation, and does so without compensation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render such emergency care.

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.