The other day a customer told me a story. Even if someone tries to describe the personality, he said:

"" She is the kind of person that you find everything you need in the mistake. If you press it the title only seconds before they have the acceleration of a locomotive, they will sue you bruising her leg and soiling their clothes. "

And that reminds me of New York's Good Samaritan law, today's topic.

Common Law: No good deed goes unpunished

Generally, there is no obligation to come to the aid of someone who is involved in an accident and need medical help. But not long ago, when trying to medical care on someone and botched the rescue, the chances were you sued. Therefore, educated audience would not dare to attempt a rescue.

Since the common law discouraged viewers from attempting to ensure medical assistance to the needy, the legislature, recognizing that this outcome was not acceptable and not, what in 2000, which is commonly known as "Good Samaritan Law.

Impact of the Act

New York's Good Samaritan law carves out specific circumstances when an individual is not liable for ordinary negligence in trying to medical care. Instead, they will only be held liable in cases of gross negligence.

Gross negligence

Simply put, negligence is a failure to exercise ordinary care. Gross negligence is a disorder, even slight care, or behavior, so to show how carelessly complete disregard for the rights and safety of others.

If they

The law is not in a central part, but in various provisions of the New York Public Health Law and the Law NY Education.

It is important that New York's Good Samaritan law is limited to medical treatment or assistance. The heart of the Act is in the pub. Health Law § 3000-A, in part:

Any person who voluntarily and without expectation of monetary compensation makes first-aid or emergency treatment at the scene of an accident or other emergency to a hospital, doctor's office or at any other place, the proper and necessary medical equipment to a person who is unconscious, ill or injured, shall not be liable for damages for alleged injuries were sustained by the person concerned or for damages for the death of that person alleged occurred because of an act or omission in the provision of such emergency treatment, unless it is established that such injuries were or such death was caused by gross negligence on the part of such person.

Voluntary act, no expectation of financial compensation

An important issue here is that the person who voluntarily and without expectation of money. This is important because the protection extends to dentists (Educ. at § 661 [6]), doctors (Educ. § 6527 [2]), nurses (Educ. § 6909 [1]), Physicians Assistant (Educ. § 6547) and physical therapists (Educ. § 6737) unless they are in one place, the right and necessary medical equipment and are not rendering professional or licensed services in the ordinary course of their practices.

Automated External Defibrillator (AED) and epinephrine auto-injector (Epi-Pen) Equipment

The law is somewhat different, but for emergency medical care provider or the persons or entities, purchase or make available to Automated External Defibrillator (AED) devices, or epinephrine auto-injector devices. In these cases, the emergency medical care providers, natural or legal person is not liable for the use of the equipment, if a person voluntarily and without expectation of monetary compensation provides first aid or medical treatment, and can not be held liable for the use of faulty manufactured equipment.

However, the law explicitly states that it is not only against the emergency health care provider any natural or legal person who purchased or made available, that the equipment through their negligence, gross negligence or willful misconduct. Pub. Health Law § 3000-a (2). See Pub. Health Law § 3000 B (Automatic External Defibrillators) and Pub. Health Law § 3000-c (epinephrine auto-injector).

Go Ahead, Be a Hero

Once again, it is safe to play, Superhero, but remember, at least ordinary care.

(Note: Emergency Medical technicians and volunteer ambulance services to be included, the technical provisions of Pub. Health Law § 3013.)

If you have a personal injury lawyer, or learn more about personal injury law, go to: http://ny-personal-injury-law.blogspot.com/