Friday, December 19, 2008

So much for being a "Good-Samaritan"...

The Kalifornia Supreme Court just ruled that "Good-Samaritans" have no legal protection for injuries caused during an emergency rescue of another person.

The legal protections during medical aid still remain though.

For example: If I see you in a burning car and try to get you out, but you get injured during that extrication, you can sue me.

If I pull you out of a burning car and then you get injured due to my medical treatment of you, I'm covered by law.

Makes sense. In Kalifornia.

But in a sharp dissent, three of the seven justices said that by making a distinction between medical care and emergency response, the court was placing "an arbitrary and unreasonable limitation" on protections for those trying to help.

In 1980, the Legislature enacted the Health and Safety Code, which provides that "no person who in good faith, and not for compensation, renders emergency care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission."

Although that passage does not use the word "medical" in describing the protected emergency care, it was included in the section of the code that deals with emergency medical services. By placing it there, lawmakers intended to shield "only those persons who in good faith render emergency medical care at the scene of a medical emergency," Justice Carlos R. Moreno wrote for the majority.

The high court cited no previous cases involving good Samaritan actions deemed unprotected by the state code, suggesting the challenge of Torti's rescue effort was the first to narrow the scope of the law.

The three dissenting justices argued, however, that the aim of the legislation was clearly "to encourage persons not to pass by those in need of emergency help, but to show compassion and render the necessary aid."

Justice Marvin R. Baxter said the ruling was "illogical" because it recognizes legal immunity for nonprofessionals administering medical care while denying it for potentially life-saving actions like saving a person from drowning or carrying an injured hiker to safety.

"One who dives into swirling waters to retrieve a drowning swimmer can be sued for incidental injury he or she causes while bringing the victim to shore, but is immune for harm he or she produces while thereafter trying to revive the victim," Baxter wrote for the dissenters. "Here, the result is that defendant Torti has no immunity for her bravery in pulling her injured friend from a crashed vehicle, even if she reasonably believed it might be about to explode."

I still think I'd try to help (despite the risk of a lawsuit) because it's the right thing to do. Am I just stupid?

5 comments:

  1. If you're stupid, you're not the only one.

    Only in California would they reach a decision as nutty as this one.

    cjh

    ReplyDelete
  2. It's time to put the house up or sell and get the hell out of Dodge.

    ReplyDelete
  3. Like I said, I wish I wasn't tied here...

    ReplyDelete
  4. I am with you. I will try to do what ever I can to help.

    ReplyDelete

Please be kind to others. My blog, my rules. I am the sole arbiter of which comments stay and which ones go. The First Amendment applies to Government censorship, not private.

Note: Only a member of this blog may post a comment.