Full question:
I’m a physician assistant. I helped a person who met with an accident and sustained severe injuries. But, the person died while carrying him to the hospital after giving first aid. Am I liable for his death?
- Category: Helping People
- Subcategory: Good Samaritan Laws
- Date:
- State: New York
Answer:
No, you are not liable for the person's death as long as you were acting in good faith to help. Liability may arise only if it can be proven that your actions were grossly negligent. Under New York law, a physician assistant who voluntarily provides first aid or emergency treatment outside a medical facility is generally protected from liability for injuries or death, unless gross negligence is established (NY CLS Educ § 6545).
Similarly, other medical professionals, like registered nurses, are also protected under similar circumstances (NY CLS Educ § 6909). However, this immunity does not apply if the injuries or death resulted from actions taken while performing professional services in the usual course of practice.
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.