What is the good samaritan law and how does it provide legal protection?
The good samaritan law provides legal protection in situations where those who help others in need with good intentions and care cause unintentional consequences. The law can be slightly different depending on where and who you are.
There was a case in California where Lisa and Alexandre who were coworkers, went out for drinks and Alex ended up crashing her car. Lisa got out of her car and saw smoke and liquid, thinking Alex’s car might blow up. She pulled Alex from her car and Alex survived but was paralysed. Lisa was sued by Alex for causing her paralysis although Lisa acted with good intentions in an emergency situation. At the time, the law was quite vague and the court interpreted her actions as not being medical care. The year after, the law was amended to specify both medical and non-medical care.
In another case in China, a man got off a bus and saw a woman fall and break her hip. He went over to help but the woman accused the man of causing her to fall and sued him. The culture of distrust that was fostered by judges and higher authorities who accused and ruled in favour of good samaritans causing injuries, led people to not help others in need in fear of the consequences. People who were clearly in need of help were purposely avoided by those around them. The law changed in 2017 to offer some protection to those who helped others in need.
In places such as Argentina and Vermont, you can face jail time for leaving someone to their fate without stepping in to help. People are less likely to help others if many others are present as there is the belief that someone else take action. This is called the bystander effect. However, this does not mean putting your own life in danger by trying to help, but doing what is reasonable to help.
Although in other places such as in the UK and India, you are not required to help someone in need. Nonetheless, if you are the most appropriate person to help in the situation, you are encouraged to help as much as you can to your best ability. In the UK, as a medical professional, you are ethically obligated and strongly encouraged to help, keeping in mind you are competent to help and communicate any limitations you may have. In India, 59% of good samaritans have been held by the police and 77% have been held by hospitals according the the Save Life Foundation. In addition, 88% did not step in to help as they feared the consequences afterwards.
We should not foster this mistrust and dishonesty between the authorities and citizens, but to have laws such as the good samaritan law to encourage others to help others in dire need instead of turning a blind eye. People should not be scared of being punished if unintended and undesirable consequences occur although it varies case by case and where you are. What do you think about the good samaritan law and how do they differ in your country?
References:
Are good samaritan laws effective? (n.d.). Retrieved March 10, 2019, from https://podcasts.nu/avsnitt/stuff-you-should-know/are-good-samaritan-laws-effective
Fauna. (2013, August 20). Good Samaritan Again Blamed After Helping Fallen Elderly. Retrieved March 10, 2019, from https://www.chinasmack.com/good-samaritan-again-blamed-after-helping-fallen-elderly
Givot, D. J. (2012, September 5). Good Samaritanism Died in a Car Crash. Retrieved March 10, 2019, from http://thelegalguardian.com/good-samaritanism-died-in-a-car-crash/
Good Samaritan Law. (n.d.). Retrieved March 10, 2019, from https://savelifefoundation.org/gsl-microsite/
Lord, O. (2017, April 03). Good Samaritan Acts. Retrieved March 10, 2019, from https://www.bmj.com/content/357/bmj.j1546
