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Writer's pictureKyle Persaud

What law protects against civil lawsuits when we try to help a victim in medical need?

If you’ve helped someone who is in need, that last thing you want is to be sued as a result of doing a good deed. Fortunately, Oklahoma has enacted “Good Samaritan Laws” that protect people who help others who are in need.


Oklahoma’s Good Samaritan Act is found here.


This law contains the following provisions:


Immunity for licensed healthcare professionals:


If:


·         You are “licensed to practice any method of treatment of human ailments” or “licensed to render services ancillary thereto” (including nurses), and

·         You have no prior contractual relationship with the person you are helping, and

·         There are “emergency circumstances”, and

·         You have a good faith believe that the person will die or be seriously hurt if you don’t help them, and

·         You give or attempt to give the person emergency care, and

·         You help them without pay


Then:


The person can’t sue you unless you have committed “gross negligence.” The term “gross negligence” isn’t easy to define (and has given law school students nightmares), but one Oklahoma law contains the following definition: “Slight negligence consists in the want of great care and diligence; ordinary negligence in the want of ordinary care and diligence; and gross negligence in the want of slight care and diligence.”


Immunity for people who aren’t licensed healthcare professionals:


If you are not a licensed healthcare professional, and you have no contractual relationship with a victim of an accident or an emergency, and you help this victim by


·         Artificial respiration

·         Restoration of breathing

·         Preventing or retarding the loss of blood

·         Aiding or restoring heart action or circulation of blood

·         Use of an “emergency opioid antagonist” (this includes naxalone, and any other drug approved by the FDA to treat opioid overdoses)


Then you can’t be liable for any civil damages for rendering emergency care. Note the difference between licensed healthcare professionals and unlicensed helpers: Licensed healthcare professionals can do more than unlicensed persons, but licensed professionals are liable if they commit gross negligence. Unlicensed helpers can’t be liable at all, even for gross negligence.


Immunity for surgeons or dentists:


If


·         You are licensed to perform surgery or dentistry in Oklahoma, and

·         You have no prior contractual relationship with the person you’re trying to help

·         You perform surgery on any victim of an “accidental act”, and

·         You render this aid without pay, then


You can’t be sued unless you’ve committed “gross negligence” or “willful or wanton wrongs.” You also can’t be criminally prosecuted for giving the surgery without the person’s consent.


This protection doesn’t apply if:


·         The person is a conscious adult who is capable of giving or refusing consent; or

·         The person is an unconscious adult, and their spouse can be reached in a reasonable time; or

·         The person is a minor or incompetent person, and their parent or guardian can be reached in a reasonable time.


This protection also doesn’t apply unless another licensed surgeon has agreed that the procedure is necessary.


Immunity for safe houses:


If:


·         You have been approved by the local P.T.A. or other local sponsoring organization;

·         You’ve registered with the local police chief or county sheriff; and

·         The police chief or county sheriff has authorized you to place a sign in the window of your house, saying that you will render aid to persons on the streets in apparent danger; and

·         You invite persons in danger into your home, and you render aid to them

Then neither you, nor the head of your household, can be liable for any injury to this person, if your actions were “those or an ordinarily reasonably prudent person under the circumstances without want of ordinary care or skill.”


Immunity if you request assistance for someone in need due to a controlled dangerous substance


Closely related to the “Good Samaritan Law” is the law that prevents you from being taken into custody, or prosecuted, if you request assistance for someone who needs medical help due to a controlled dangerous substance. See this law here.


If:


·         You request emergency medical assistance for someone who is in medical need because the person used a controlled dangerous substance, and

·         You give your full name and any other relevant information requested by a peace officer, and

·         You remain with the person who needs emergency medical assistance until the emergency medical assistance arrives, and

·         You cooperate with the emergency medical assistance personnel and peace officers at the scene,


Then:


·         The peace officer can’t take you into custody.

·         You also can’t be prosecuted for possession of a controlled dangerous substance, as long as the amount of the controlled dangerous substance does not constitute trafficking. To see the amounts that constitute trafficking, click here.

·         You also can’t be prosecuted for possession of drug paraphernalia.

·         You are only immune from prosecution for the above named offenses if the offense involved a state of intoxication, or if the offense involved being or becoming intoxicated.


Note that this law only protects you from being taken into custody, or from criminal prosecution. Unlike the Good Samaritan law, this law does not give you any immunity from being sued civilly. To read the difference between civil and criminal law, read my earlier post here.


Need help? Contact the Persaud Law Office


At the Persaud Law Office, we’ve handled many civil cases. If you have questions about a Good Samaritan Law, we’re happy to help. Schedule a free consultation today.

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