Can I sue a doctor for negligent emergency treatment without payment?

Full question:

I met with an accident and somebody carried me over to a doctor’s clinic and he stitched my wounds. He received no remuneration for that. But he did it a wrong way. Later I had to treat it again. Can I sue him for that?

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

Answer:

No, you cannot sue him for that. As a doctor who treated you in an emergency situation without payment, he is protected from civil damages related to his treatment. According to 12 V.S.A. § 519, a person providing reasonable assistance in an emergency is not liable for civil damages unless their actions constitute gross negligence or they expect to receive payment. This law does not change the existing liability of medical practitioners for actions taken in the normal course of their 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.

FAQs

Gross negligence refers to a severe lack of care that shows a disregard for the safety and well-being of others. In the context of medical treatment, it means that a healthcare provider acted with such reckless disregard that it goes beyond mere negligence. This could involve actions that a reasonable doctor would never take. If a doctor’s emergency treatment is deemed grossly negligent, they may not be protected under laws that shield them from liability for civil damages. *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.*