Full question:
I fainted and fell from the bus. I was full term pregnant when this happened. I was lying on the ground crying in pain when a person who claimed to be a doctor came and helped me. He called an ambulance. In the ambulance, I starting having contractions and was in pain. This doctor gave me some medicine, which did not suit me. Although I delivered, the same day and we are fine but it could have been a threat to my child. Can I sue this doctor for giving me medicine without knowing my medical history?
- Category: Helping People
- Subcategory: Good Samaritan Laws
- Date:
- State: Virginia
Answer:
Generally, you cannot sue the doctor for giving you treatment during an emergency. Under Virginia's Good Samaritan law, a person who provides emergency care in good faith and without compensation is typically protected from liability, especially if they do not know your medical history and have not treated you before.
Since the doctor was trying to help you during a medical emergency and did not charge you for the assistance, they would likely be immune from liability unless there was gross negligence involved. This immunity applies specifically to the emergency care provided (Va. Code Ann. § 8.01-225).
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.
