Good Samaritan laws apply to organizations?

[mycrofft]

I was studying Good Sam laws (GSL) to teach aboutn them better, and a question arises in my mind: since the intent of the concept is to empower a passer-by (without duty to act) to render medical care within certain guidelines, will GSL protect volunteer groups offering a service?
Example: volunteer ski patrol is allowed by a snow park to act as their safety patrol. They are not passers-by, they could be considered to have a duty to act, but they meet the other criteria:

• Unpaid (except maybe free lift tickets*)
• Act within training
• Act in good faith
• Act reasonably
• An emergency truly exists.
• The setting is not one where medical care is available or being given (e.g., no setting up shop outside the local ER).
• Restricted to medical actions

The last point was reiterated in 2008 when a Calif good sam was found to be justified in rendering first aid at an accident scene, but reckless in extricating the victim since it was not a medical intervention.

Thoughts or actual knowledge about this??

* The lift ticket deal was explicitly addressed and found to be ok as it allowed them to operate; the rest of the deal wasn't addressed.

 

[Handsome Robb]

I'm not sure about volunteers but pro patrollers are not covered under a GSL if I was informed correctly. We have a duty to act, are paid, and operate under written protocols through a medical director out of the local ER. Our protocols are very limited as we are a small mountain, but at the larger resorts they do have a wider scope of practice including some ALS patrollers with protocols for paint management. (Usually IN fent or Nitronox)

I would be interested to learn more about this though. At my mountain specifically the vollies operate under the same protocols we do (OEC), are dispatched through our dispatcher, and provide an equal level of care. At larger mountains many vollies are not dispatched to accidents and are rarely first on scene unless they randomly find a scene, and once a professional patroller is on scene we take command as the EMT in charge. Volunteers at some mountains are prohibited from patient transport as well.

Volunteer ski patrollers all are members of the National Ski Patrol (NSP) an pay annual dues and are required to do an annual refresher as well to maintain their membership and receive benefits in the form of discounts through the NSP.

 

[DrParasite]

the GSLs are for when someone stopped off duty and assisted.

if you were dispatched to an assignment (regardless of if you were paid or not), or have a responsibility to respond to an emergency (such as a ski patrol who does routine patrols), then the GSL does not apply to you.

 

[MediMike]

Agreed. If a duty to act exists I believe you are exempt from the GS Law. Also a bit of fun info, although the GS Law will protect you from getting convicted if you meet those criteria, you will still be responsible for the costs of court (lawyer fees etc.)

 

[bigbaldguy]

Also a bit of fun info, although the GS Law will protect you from getting convicted if you meet those criteria, you will still be responsible for the costs of court (lawyer fees etc.)

This is something we should all remember. Just because you can't be found liable does not mean you can't be sued.

 

[Akulahawk]

the GSLs are for when someone stopped off duty and assisted.

if you were dispatched to an assignment (regardless of if you were paid or not), or have a responsibility to respond to an emergency (such as a ski patrol who does routine patrols), then the GSL does not apply to you.

Yep. Other laws kick in...

 

[Akulahawk]

This is something we should all remember. Just because you can't be found liable does not mean you can't be sued.

True. You'd likely have to pay out of your own pocket (if a Good Sam) to defend yourself, just to have the civil suit tossed out.

 

[Akulahawk]

I was studying Good Sam laws (GSL) to teach aboutn them better, and a question arises in my mind: since the intent of the concept is to empower a passer-by (without duty to act) to render medical care within certain guidelines, will GSL protect volunteer groups offering a service?
Example: volunteer ski patrol is allowed by a snow park to act as their safety patrol. They are not passers-by, they could be considered to have a duty to act, but they meet the other criteria:

• Unpaid (except maybe free lift tickets*)
• Act within training
• Act in good faith
• Act reasonably
• An emergency truly exists.
• The setting is not one where medical care is available or being given (e.g., no setting up shop outside the local ER).
• Restricted to medical actions

The last point was reiterated in 2008 when a Calif good sam was found to be justified in rendering first aid at an accident scene, but reckless in extricating the victim since it was not a medical intervention.

Thoughts or actual knowledge about this??

* The lift ticket deal was explicitly addressed and found to be ok as it allowed them to operate; the rest of the deal wasn't addressed.

Good Sam coverage for "rescue" actions were explicitly added to California's Good Sam laws directly as a result of the lawsuit that found that Good Sam only covered medical acts, not rescues... as such language was not present in the law at that time. The language is there... I'll just have to find it some other time.

 

[mycrofft]

Thanks Hawk!

............

 

[Akulahawk]

............

My pleasure.

 

[scottyb]

the GSLs are for when someone stopped off duty and assisted.

if you were dispatched to an assignment (regardless of if you were paid or not), or have a responsibility to respond to an emergency (such as a ski patrol who does routine patrols), then the GSL does not apply to you.

A post of mine from a different thread. In NY, you are covered unless they can prove gross negligence.

Post from Professional Liability Insurance Discussion

 

[Lifeguard EMT]

Im a certified lifeguard, the gs law applies for everything we are certified to do. If we go "beyond" what the book teaches, we can be sued for not taking proper care of the victim

 

[Akulahawk]

Im a certified lifeguard, the gs law applies for everything we are certified to do. If we go "beyond" what the book teaches, we can be sued for not taking proper care of the victim

Be careful. When you're on-duty and you have a duty to respond, generally the GS laws no longer apply. There usually is an on-duty analog that generally limits your exposure to civil suit while you're working. There's always a chance that your state has included on-duty lifeguards in the GSL's.

I also was a lifeguard. I was first trained 20 years ago. Some has changed, a lot hasn't.

 

[mycrofft]

I get Lifeguard EMT's point, but Akulahawk is right.

In OP I cite the need to stay within training (Lifeguard EMT's point), but you also must meet the other criteria. Wish EMTLAW was still posting.