Latest Blogs

An April 22, 2017 Arkansas news story reported on Fox2 Now and carried nationally showed an EMT being a Good Samaritan when a 4-year-old girl fell out of the back of a church bus into the middle of a heavily trafficked road. A dash camera caught the heroic action. This story reminds us of the importance of Good Samaritan laws. 

All 50 states and the District of Columbia have some form of Good Samaritan law to protect untrained and trained medical personnel when rendering aid so they are not held liable. Like the EMT in Arkansas, Good Samaritans’ first thoughts are usually to get victims out of situations where injuries may be augmented. 

The American Academy of Orthopaedic Surgeons (AAOS) says, “Good Samaritan laws generally provide basic legal protection for those who assist a person who is injured or in danger. In essence, these laws protect the Good Samaritan from liability if unintended consequences result from their assistance.” 

Florida’s Good Samaritan Act 

Florida law (Statute 768.13) applies to any person, includng medical professionals, who renders care to victims at the site of an emergency (where proper medical equipment is not available), or in direct response to emergency situations that arise from a public health emergency or from a declared state of emergency.  Florida law also protects hospitals and providers who are providing emergency care to patients pursuant to the Federal Emergency Medical Treatment and Labor Act (EMTALA) and state laws that require hospital emergency departments to provide screening and stabilization of emergency conditions. This protection applies until the patient is stabilized and capable of receiving medical treatment as a non-emergency patient and at the scene of an emergency. 

The Good Samaritan Act provides its protection by setting a legal standard required to hold a “rescuer” liable. If a person behaves “as an ordinary reasonably prudent person would have acted under the same or similar circumstances” the statute provides protection. The standards for protection set by Florida’s Good Samaritan Act all depend on a determination of the reasonableness of the rescuer’s behavior. Determinations of reasonableness are essentially the province of the jury to decide.

“If you have been injured in an accident, contact the experienced lawyers at Spivey Law Firm, Personal Injury Attorneys, P.A. There are no costs or attorney fees unless we make a monetary recovery for you,” said Fort Myers Car Accident Attorney, Randall Spivey.

Fort Myers Car Accident Attorney Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.