Navy docs save man

[GrayMatterWife]

How does liability work for these situations? I know some states have laws protecting citizens (good Samaritan)... but medical malpractice is different. I really don't know... anyone knowledgeable on this?

Be careful. State laws (including state Good Samaritan laws) most likely do not apply on planes. Air flight issues are governed by federal law and the Warsaw Convention.

At the end of the day, if someone is in medical distress, my husband is going to help as he can, regardless of possible liability.

[scrub-jay]

Be careful. State laws (including state Good Samaritan laws) most likely do not apply on planes. Air flight issues are governed by federal law and the Warsaw Convention.

At the end of the day, if someone is in medical distress, my husband is going to help as he can, regardless of possible liability.

My DH would offer whatever help he could as well, but it does seem to still be a legal gray area, unfortunately.

[Deebs]

Abigail, you are right. It's not Good Samaritan they are protected under, it's the Air Carrier Access Act of 1998 (you actually got me to pull out a text for that).

The volunteer must be "medically qualified," render care in good faith, and receive no monetary compensation to be protected under this Act.

The legislation states that "an individual shall not be liable for damages in any action brought in a Federal or State court arising out of the acts or omissions of the individual in providing or attempting to provide assistance in the case of an in-flight medical emergency unless the individual, while rendering such assistance, is guilty of gross negligence or willful misconduct."

This is also why the physician can practice medicine, even while not in the state in which he/she is licensed.

As of 2009, there were no documented cases of a physician being sued for providing assistance during an in-flight emergency. As you can probably imagine, this is an issue that frequently comes up at EM conferences.

[scrub-jay]

Thanks! That is really cool and makes good sense!

[poky]

DH is another one who will stop to help at an accident, run to help when someone has a seizure in a mall, respond when they call for a doctor on a plane, etc., etc. Part of why he likes EM, I think; he knows he'll be as prepared as anyone to help. Thanks for the clarification on the laws, D; makes me feel better to know nobody's been sued for doing what they can on a plane, and that even if they were, they're likely covered.

[GrayMatterWife]

Deebs: Cool! Good to know. Sounds like a federal aviation law version of a Good Samaritan law. All I knew (from bar review prep, I think) was that you're never going to get rich from missing luggage and that once you're down the jetway until the time you deplane, all bets are off in terms of state law applying... Aviation law is an animal unto itself. I remember the bar review guy basically telling us: if you're not an expert, you know nothing. It's like maritime law or mining law or something.

[SuzySunshine]

That's very interesting Deb and it doesn't surprise me that you found it!

That also makes me curious about the compensation. When DH helped in November Delta sent him a $150 voucher, I wonder if they are supposed to do that.

DH also steps up to help but he'd like to not be the only one, especially if its something like someone having a baby - OB was his least favorite rotation.

[peggyfromwastate]

When my dad helped one time they offered him booze from the mini bar. He doesn't drink, but he took the vodka and used it to "sterilize" afrin for the sinus pt.

The airline gave him about 30$ or so in vouchers. I think vouchers are ok bc they are issued for all sorts of crap-- can they call that compensation?

I mean, it's not like a gift certificate to McDonald's. THAT'S some real compensation. Consult you tax attorney on that one for sure.

[peggyfromwastate]

My dad used to stop by every accident on every road trip. He was an ER doc so it made sense, but I remember my mom being like "you don't have to stop EVERY time!!" lol. He usually didn't do anything, unless the paramedics werent there yet.

[MrsSz]

Did anyone see this story of the two Navy docs that saved a man's life on a flight from San Diego to San Antonio?? Amazing!!

http://www.nbcsandiego.com/news/loca...#ixzz1nt9KoCpr

Awesome!!