Am I liable for not taking an unconscious man to the hospital?

Full question:

I am a doctor working at private hospital. Last week while I was driving to pick my daughter from school, I saw an old man lying unconscious on the street. I decided to help, gave him some first aid, and left when he felt a little better. Now is family has approached me saying I was negligent as a doctor as I did not take the patient to the hospital. Got to know that this guy later had a heart attack. Am I into any sort of trouble for helping this guy?

Answer:

No, you are not liable. You helped the man while driving to pick up your daughter, which is outside the scope of your professional duties. By providing first aid in an emergency situation, you are protected under Good Samaritan laws. These laws state that a licensed medical professional who assists someone in a medical emergency, outside of their employment, cannot be held liable for civil damages resulting from their actions, as long as they do not act with gross negligence.

In Connecticut, for example, Conn. Gen. Stat. § 52-557b provides immunity for medical professionals who render emergency assistance voluntarily and without compensation. This immunity applies unless the actions taken constitute gross, willful, or wanton negligence.

Therefore, since you acted in good faith to help the man, you should not face legal trouble for your decision to provide first aid and not transport him to a hospital.

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

Yes, doctors can choose which patients to accept, but they must do so without discrimination. They have the right to refuse treatment based on factors like their specialty, availability, or if they believe they cannot provide adequate care. However, once a doctor has established a patient relationship, they generally cannot abandon the patient without proper notice or referral to another provider.