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Does Good Samaritan law protect first aid given in a hospital?

Does Good Samaritan law protect first aid given in a hospital?

Full question:

If a person gives first aid to a person in a hospital who’s dying or is in some state of medical emergency, will such person be protected under the Good Samaritan law if the patient dies?

Category: Helping People
Subcategory: Good Samaritan Laws
Date: 04/07/2025
State: California

Answer:

No, the Good Samaritan law does not protect individuals who provide medical help in a hospital. This law specifies that hospitals are places where medical care is typically available, so they are not considered scenes of emergencies. Therefore, if someone gives first aid in a hospital and the patient dies, they cannot claim immunity under the Good Samaritan law.

According to Cal Health & Saf Code § 1799.102, the law states that no person who renders emergency care at the scene of an emergency shall be liable for civil damages, but this does not apply to emergency departments or places where medical care is usually provided.

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

What is the Good Samaritan law?

The Good Samaritan law protects individuals who provide emergency assistance to those in need, typically outside of a medical facility. It aims to encourage bystanders to help without fear of legal repercussions. However, this law generally does not apply in hospitals or places where medical care is readily available, as these are not considered emergency scenes under the law. Always check local statutes for specific details.

Can I be sued for giving first aid in a hospital?

Yes, you can potentially be sued for giving first aid in a hospital. Since hospitals are equipped for medical emergencies, the Good Samaritan law does not provide immunity in these settings. If you render aid and the patient suffers harm, you may be liable for civil damages. It's important to understand the legal implications of providing assistance in such environments.

Are there any exceptions to Good Samaritan laws?

Good Samaritan laws vary by state, but common exceptions include situations where the rescuer acts recklessly or with gross negligence. Additionally, these laws typically do not apply in medical facilities like hospitals, where professional care is available. Always refer to your state's specific statutes for detailed information on exceptions.

What should I do if I witness a medical emergency in a hospital?

If you witness a medical emergency in a hospital, it's best to alert medical staff immediately. They are trained to handle emergencies and have the necessary resources. If you feel compelled to help, do so only if you are trained and confident in your abilities, keeping in mind that Good Samaritan protections may not apply in that setting.