Can I claim Good Samaritan law protection as a doctor?

Full question:

I am a doctor. The other day I asked the nurse on duty to administer CPR on a patient. I was attending another emergency patient at that time. Now this patient didn’t respond to the CPR and died. Now the family is blaming me for his death. They say I should not have called the nurse and should have given CPR myself. Can I claim protection under the Good Samaritan law?

  • Category: Helping People
  • Subcategory: Good Samaritan Laws
  • Date:
  • State: Utah

Answer:

Yes, you can claim protection under the Good Samaritan law. You instructed the nurse to administer CPR while you attended to another patient, which is a reasonable action. Unless gross negligence is proven, you cannot be held liable for the patient's death. According to Utah law (Utah Code Ann. § 26-8a-601), licensed medical professionals who give instructions in good faith are not liable for civil damages unless their actions are grossly negligent or involve 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

No, it is not illegal to refuse to give CPR. While it is encouraged for bystanders to assist in emergencies, there is no legal obligation for individuals to perform CPR unless they are in a professional capacity or have a specific duty to act. However, Good Samaritan laws may protect those who do provide assistance in good faith from liability, as long as their actions are not grossly negligent.