What is the Good Samaritan law in California?

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 protection under the Good Samaritan law is not granted in cases where a person gives medical help to a person at a hospital. This is because the law says that hospital is place where medical aid is generally given to everyone so it is not considered as a scene of an emergency. Thus, one cannot claim immunity under GS law if yu give first aid to a person in the hospital and the patient dies.

Here is the relevant law:

Cal Health & Saf Code § 1799.102:
Emergency care at scene of emergency; Liability
(a) No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. This subdivision applies only to the medical, law enforcement, and emergency personnel specified in this chapter.

(b)

(1) It is the intent of the Legislature to encourage other individuals to volunteer, without compensation, to assist others in need during an emergency, while ensuring that those volunteers who provide care or assistance act responsibly.

(2) Except for those persons specified in subdivision (a), no person who in good faith, and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency shall be liable for civil damages resulting from any act or omission other than an act or omission constituting gross negligence or willful or wanton misconduct. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. This subdivision shall not be construed to alter existing protections from liability for licensed medical or other personnel specified in subdivision (a) or any other law.

(c) Nothing in this section shall be construed to change any existing legal duties or obligations, nor does anything in this section in any way affect the provisions in Section 1714.5 of the Civil Code, as proposed to be amended by Senate Bill 39 of the 2009-10 Regular Session of the Legislature.

(d) The amendments to this section made by the act adding subdivisions (b) and (c) shall apply exclusively to any legal action filed on or after the effective date of that act.

Cal Health & Saf Code § 1799.108:
Emergency field care treatment by certificate holder
Any person who has a certificate issued pursuant to this division from a certifying agency to provide prehospital emergency field care treatment at the scene of an emergency, as defined in Section 1799.102, shall be liable for civil damages only for acts or omissions performed in a grossly negligent manner or acts or omissions not performed in good faith.

Cal Gov Code § 50086:
Voluntary emergency services; Immunity from liability
No person who is summoned by a county sheriff, city police department, fire department, park ranger, or other local agency to voluntarily assist in a search or rescue operation, who possesses first aid training equivalent to the Red Cross advanced first aid and emergency care training standards, and who in good faith renders emergency services to a victim prior to or during the evacuation or extrication of the victim, shall be liable for any civil damages as a result of any acts or omissions by such person in rendering such emergency services.

For the purposes of this section, "emergency services" includes, but is not limited to, first aid and medical services, rescue procedures, and transportation or other related activities necessary to insure the safety of the victim who is the object of the search or rescue operation.

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.