Full question:
My brother met with an accident and was helped by a person who was present at the scene of the accident. This person, who was apparently a doctor, gave some wrong medicines to my brother due to which he died the same day. All the medical reports say that, if my brother wasn’t given the medicines (given by this doctor) then my bro would have survived. Now this doctor is trying to save himself saying he was just acting like a Good Samaritan and is not responsible for my brother’s death. Will he get protection under the GS law of Hawaii?
- Category: Helping People
- Subcategory: Good Samaritan Laws
- Date:
- State: Hawaii
Answer:
Whether the doctor will receive protection under Hawaii's Good Samaritan law depends on whether you can prove gross negligence. If you can show that the doctor acted carelessly and that your brother would have survived without the wrong medicines, the doctor may not be protected by the law.
The Hawaii Good Samaritan law (HRS § 663-1.5) states that individuals who provide emergency care in good faith, without expecting payment, are generally not liable for civil damages unless their actions involve gross negligence. This means that if the doctor’s actions were not just mistakes but showed a lack of care that a reasonable person would have exercised, he could be held liable.
In summary, if you can demonstrate that the doctor’s actions were grossly negligent, he may not be able to claim Good Samaritan protection.
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.