Thread subject: NEPI :: Can a Good Samaritan be sued?

Posted by morpheus on 21-12-2008 08:13
#1

theres a recent case that has been the source of discussion here in the US.

THE CASE
4 years ago, a group of office workers was traveling in a car, and they had a high velocity MVA.
One of the co-workers pulled the others out of the car, fearing that the car might catch fire.
In doing so, obviously he could not have mantained spinal precautions, one of the ladies ended up being paraplegic after the rescue.
The lady is now asking the court permission to sue her saviour, her coworker.
And the court is allowing it.

THE ARGUMENT
if good samaritans are sued, any person would think twice before they help anyone. It kills the spirit of acting in good faith, it goes against the basic fundamentals of medicine, acting in good faith.
Would you like to be sued for helping a patient having a cardiac arrest in an airplane?
Are we as emergency physicians/emergency nurses/emergency paramedics, more at risk when we help someone when we are away from our job?
how many of us actually raise their hands when a doctor is asked for in flight?
i know it took me a few seconds to raise my hand when i did it the first time, but gradually it becomes second nature.
Can it remain second nature if i have litigation's sword hanging above me...

THE QUESTION
Can a good samaritan be sued? Does anyone want to blink a moment and think oh what if i get sued if i help this person in distress? Can that one moment be fateful for the victim? Should the court allow the suing? Should the court refuse the right to sue, in view of the greater humanitarian good?

Edited by webmaster on 22-12-2008 21:54