Good Samaritan Law (or whatever it is called)

[SueC]

We were at a Chief's game today and an elderly woman collapsed in our section. My husband went over to help out and a woman next to me asked me if he ever worries about liability in this type of situation and also asked if we had any extra insurance to cover this sort of thing. I told her that he generally does offer to help when there is a medical problem in a public place and as far as I know he hasn't worried about getting sued. I know there is a law that supposedly protects doctors in these situations but I think I have also heard of doctors getting sued in these situations. Do you guys have any thoughts on this?

[Rapunzel]

How sick is that? You are in a public place, have a heart attack and there happens to be an er attending off that day in the same public place to restart your ticker. And, then, when you get well, you SUE the off-duty doctor that helped save your life?! 8O

Jennifer

[SueC]

Well of course it is sick! I just wondered if any doctors or spouses worried about getting sued in such an instance. It appears not since there haven't really been any comments as such!

DH has never had anyone needing medical care away from a hospital setting. But this reminds me of how many times we've had neighbors, friends, and relatives call or ask for medical advice. He's always been very receptive and given his best advice and sometimes I wonder if that would come back to haunt him in the way of a lawsuit. And everyone has always been very appreciative and have taken his suggestions to heart. Of course at the end, he usually ends it with, "To be sure you should check with your doctor" or something like that so that what he suggests isn't being construed as the end all and be all of the medical attention they should be getting.

On another similar note, do people (friends, relatives, even yourself) ever ask your husband/wife/SO doctor for a prescription? We had a friend visit once who forgot his prescription pills at home and my husband just called in a prescription for him. There have been times when I've need some painkillers but hesitated asking him for one because I didn't know if that would put him on the spot or not.

[Cumberland]

I was on a flight from CA to NY last summer where a woman fainted. They made an announcement over the PA and I was the ONLY one who responded out of a packed flight (on a separate note, they made an announcement for an MD or PA only, no mention of an NP). After seeing the woman, they asked me to decided whether to make an emergency landing or not. No pressure there.....

I was telling people about it at work the next day, and the consensus was that it was 'stupid' for me to have responded due to malpractice concerns. I am not sure about others, but my malpractice is paid for by my employer and only covers me in the ERs where i am employed. I think it it happens again, I will respond for sure, but maybe after a count to ten to see if anyone else does first. I know I did the right thing, what should i have let her possibly die while I am just sitting there?, but still it is scary to think that i could be sued for it. But then I could be sued for every little thing I do at work all day.

Sue,
I think the good samaritan laws vary by state. I know that my DH has mentioned some of the conditions of these laws and I'll ask him tonight.
I think it is an unlikely outcome but still a legitimate concern for health care providers.

[SueC]

We have had several people ask my husband for prescriptions, and so far he has always done it. That is of course after making sure it sounds like they need it. For instance, once my sister was in New Jersey on business and had a severe UTI. She knew that was what she had because she had had one before. She couldn't get ahold of her doctor and didn't want to go to some random ER in an unfamiliar state, so my husband called her in an antibiotic. All the other instances were similar, where a family member or close friend really needed a script for something like an antibiotic (he wouldn't prescribe something like a narcotic for anyone). He's never done it for someone who just suspects they need something and they just don't feel like calling their regular doctor. As far as I know he hasn't felt uncomfortable with doing it, but so far nobody has really taken advantage of his doctor status for prescriptions.

[DCJenn]

It's always been my understanding that for the general public, the Good Samaritan Laws cover us- you know in case we use CPR on someone in the gorcery store. I always thought that once you reach a certain level of training (I'm guessing something more than whatever the general public can obtain) that you are ethically bound to help in emergency situations. That's why my husband always hopes that the idiot passing him at 100 miles an hour doesn't crash because he would be compelled to stop and help.

At least that's the way we operate in our house!

(I have called 911 and provided basic care for people so many times that I think I'm a magnet for emergencies)

As for prescriptions- well, since my husband isn't licensed where we live (military) he can't prescribe anything for anyone!! That helps avoid awkward situations, definitely.

Jenn

[Phoebe]

My DH has mentioned the Good Samaritan Law, but I don't know the specifics. There have been three incidents where my DH has been in a place where someone needed medical attention. Twice it was with a friend of ours who is a nurse. We joke that they are bad luck when they are together. The first was a car accident that happened on an interstate right in front of us. DH and our friend went to help and stayed with the people until the paramedics arrived. Injuries weren't life threatening, so they just tried to get the victims to remain still in case of a spinal injury.

The second was at at restaurant where a girl started to get sick or something. Again nurse and DH were standing right there and assessed the girl and told them to call 911. They didn't really administer medical care, except to take a pulse or something. They thought the girl was on drugs. DH doesn't like to get involved with things, but they happen to find him and he has responded.

As far as calling in Rx, DH has done it for occassionally for me for small things like a Z-pack or once when we were out of town for Avery's ear infection. My SIL calls all the time for stupid medical questions and prescriptions claiming she can't get a hold of her own physician. So far, DH has obliged eventhough I wish he wouldn't let her get away with not seeing her own Dr.

I would hope someone wouldn't sue a good samaritian for trying to help them.

Jennifer

It's always been my understanding that for the general public, the Good Samaritan Laws cover us- you know in case we use CPR on someone in the gorcery store. I always thought that once you reach a certain level of training (I'm guessing something more than whatever the general public can obtain) that you are ethically bound to help in emergency situations.

That is my understanding, too. That the laws are for non-medically trained public. So, I think they would apply to someone in medical school (no credentials yet) but not someone beyond medical school. Maybe a provider could get sued? Maybe the difference is advising (to call 911, land a plane, or something) versus actually providing treatment?
DH doesn't have a DEA number yet, so he can't prescribe narcotics but I don't think he would do that for anyone -- too risky. I imagine after residency he would do the here-and-there sort of emergency situations you all described for people he knows well.

[mommax3]

Travis and I were driving from Dallas to San Antonio once and were behind a guy who was hitting a woman with a brick (!) as he drove, and driving very erratically. We stayed behind them and noticed that another woman was staying right beside them and talking on her cell. The guy pulled over and pushed the woman out of the car and sped off. We stopped and so did the other woman, who had called paramedics already. Travis assessed the woman, made sure she wasn't seriously injured (amazingly, she wasn't, but she WAS drunk!) and we left as paramedics pulled up. He never identified himself as a physician.

As far as prescribing, he has only done it for family members who get sick while they are visiting.....and then he prescribes it for me and I give it to them. Once it was a z-pack and the other times it has been for allergies that flare up worse than usual for people visiting us (because of our cats). He does have a DEA number and has prescribed a couple of times for my sister in NYC when she didn't have a doctor or any insurance.

Travis is reticent to identify himself as a doctor under any circumstances and has asked me not to volunteer the information either. He is already involved in litigation based on a case that happened when he had been out of residency less than a year, and his specialty is notorious for high premiums on liability insurance, so he is very careful. I can't say that I blame him. He wouldn't let anyone die, but he would avoid saying he was a doctor as long as he possibly could.

Sally

I think that the Good Samaritan law is supposed to cover the general public. It does differ from state to state and most seem to have clauses that cover "professionals in the medical field" -nurses, Dr's, dentists and so on.

I know that DW has the same view that Jenn's husband has, if there was an accident, she would feel obligated to help in what way she could. I think I recall a lawsuit in recent years about a podiatrist stopping to help someone on the interstate. The person he was helping was having a heartattack and eventually died. I can't remember if this took place in Texas, Florida or California. Does anyone else remember this....maybe 3-5 years ago?

[SuzySunshine]

Matt, I do remember that case. My understanding (and my husband's) is that you are covered as long as you don't do something you're not qualified for and are honest with everyone at the scene. i.e. if you only know first aid and CPR you say, I know First Aid and CPR can I help. It's when physicians that aren't trained to do certain things try to do those things that they can be liable. My husband came upon a bike accident a few weeks ago where he was the first one on the scene and he helped support the patient until the ambulance came, everyone thanked him for his help and he went on his way. It's the hot shots that get everyone else in trouble.

[PrincessFiona]

good samaritan

It's too bad that stopping to help someone in need can turn into such a liablity. I know that Thomas does not stop/help and identify himself as a physician. If he were to come upon a life-threatening situation I can't imagine that he wouldn't help...but he would never identify himself as a doc.

In the car accient that we were in this weekend one of the passengers had a nosebleed. He did look at the little boys nose and offer the opinion that it didn't seem broken that it would need an x-ray to make sure...but that was it. He realized that there were no majore injuries and was very casual about it all. Later he was even paranoid about what he had said about the nose.

Isn't it ridiculous that it's come to this?

kris