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Topic: Good Samaritan law

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In the News (Thu 23 May 19)

  theage.com.au - Laws feed fear as poor go hungry
In the United States, the common-law right to sue over food donated to a charity was removed by the Clinton administration's "Good Samaritan" law in 1996.
Representatives from One Umbrella are working with the Law Institute of Victoria to prepare a draft submission for a Good Samaritan law, which can then be presented to Victoria's Attorney-General, Rob Hulls.
The dilution of a legal right to sue is a serious move and the task of designing a workable law is made difficult by the web of state and federal legislation.
www.theage.com.au /articles/2002/04/06/1017206277726.html   (631 words)

 AED Risk Insights
State laws, to the extent they continue to serve as the primary source of AED Good Samaritan immunity, should preempt local laws in order to eliminate legislative conflicts and fragmentation that are now emerging.
The current state of U.S. AED laws also creates a situation in which it is nearly impossible for willing bystanders to know whether they have Good Samaritan immunity protection, and thus whether they should or should not retrieve and use a publicly placed AED.
Laws that are difficult to comprehend are graded lower than those that are easy to understand.
www.aedriskinsights.com /publicpolicyadvocacy/aedlawreview.cfm   (1863 words)

  Good Samaritan Laws & Acts, Medical & Legal Links on: The Nurse Friendly
Good Samaritan "immunity" was not recognized by the courts.
Good Samaritan Act (Florida):"Any person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment either in direct response to emergency situations related to and arising out of a state of emergency which has been declared pursuant to s.
Good Samaritan Law (Missouri):"This legislation applies to physicians, surgeons, registered professional nurses, licensed practical nurses, and licensed mobile emergency medical technicians in situations when aid is given in an emergency or accident and occur outside of a health care setting.
www.legalnursingconsultant.org /legal.nurse.consultants.lnc/good.samaritan.laws.acts.htm   (999 words)

  Ex Post: Good Samaritan Laws: Good For America?
The type of Good Samaritan law that will be discussed here is the type that exists in many countries (most notably, Canada) and that are becoming more prominent in the US today.
Good Samaritan laws go against all notions of free will and autonomy that are the bedrock of this nation.
These are decisions that no citizen should be forced to make; with good Samaritan laws not only are they are forced to make these decisions but could be imprisoned for their choice.
expost.blogspot.com /2007/02/good-samaritan-laws-good-for-america.html   (1202 words)

 What is the Difference Between Good Samaritan Laws in Different Countries?
Good Samaritan Laws were devised as a way of protecting people who come to the aid of others.
Good Samaritan Laws can vary from country to country, but the concept of the law is universal.
Good Samaritan Laws state that unless there is a previous caregiver relationship, no one can be made to come to the aid of another.
www.wisegeek.com /what-is-the-difference-between-good-samaritan-laws-in-different-countries.htm   (508 words)

The Good Samaritan doctrine is generally recognized as providing a shield from tort liability for injury and damages which may result when an actor voluntarily provides assistance, which he would not otherwise be legally obligated to do, in an emergency situation.
The immunity provision requires that the individual render care in good faith, and that the acts or omissions not be intentionally designed to harm or constitute gross negligence which may result in harm to the person receiving the emergency assistance.
However, this immunity is specifically limited to those non-medical Samaritans who, at the time of rendering the emergency care, are currently certified as having completed a course in first aid, advanced life saving or basic life support, and who perform the techniques and procedures consistent with their training.
www.sslawfirm.com /pub_goodsam.htm   (2183 words)

 New York enacts Good Samaritan law for veterinarians - December 15, 2003
"Good faith" means that the veterinarian reasonably believes the disclosure is necessary to protect the welfare of the animal or the public.
According to Gregory Dennis, a lawyer and former president of the American Veterinary Medical Law Association, legal protections for Good Samaritans are simply codification of a principle in American law that encourages the reporting of suspected or actual criminal activity to law enforcement.
"The common law in a number of states has recognized that if a person does that in good faith, all they're doing is complying with their duty as a citizen, and they should not be held liable for it," Dennis explained.
www.avma.org /onlnews/javma/dec03/031215j.asp   (298 words)

 Law-Good Samaritan Law Resources and links - Thecompletelawcenter.com
Good Samaritan Laws Have Yet to be Enacted in the Subway.
Good Samaritan laws that protect donors from liability for the foods and other essentials they donate to food banks and other programs are now uniform...
Law in small town of Latham Massachusettes forcing action by witnesses to attempt to aid those being victimized by petty crime...
www.thecompletelawcenter.com /goodsamaritanlaw   (980 words)

 MDO - Good Samaritan law isn't that bad an idea - 05/21/1998   (Site not responding. Last check: )
The Good Samaritan Law was recently lampooned on the final episode of "Seinfeld" as Jerry and friends were sent to prison for one year.
Good Samaritan laws first came to mainstream attention after French photographers were charged in France with not coming to Princess Diana's aid after her fatal car crash.
Most European countries have Good Samaritan laws which require a person to summon aid or help someone in an emergency when it is reasonable to do so.
www.mndaily.com /daily/1998/05/21/editorial_opinions/oo0521   (403 words)

 What is the good samaritan law?
It is for this fear, that the good samaritan laws were enacted.
Good Samaritan doctrine - Black's Law 7th edition: 'A statute that exempts from liability a person (such as an off-duty physician) who voluntraily renders aid to another in imminent danger but negligently causes injury while rendering the aid.
In short, we are not obligated to render first aid in fear of cross-contamination yet, if we begin to help, we must continue to do so until one of three things happen: the victim recovers, another trained person replaces you or we are too physically exhausted to continue.
pa.essortment.com /goodsamaritanl_redg.htm   (760 words)

It is not clear that a would-be Good Samaritan, coming upon the scene of a violent felony, armed with a concealed weapon and not the primary subject of the violent felon's attention, would suffer from this head-to-head confrontation problem.
A Good Samaritan would need to prove her excuse for failing to aid, especially in light of her newfound sense of well-being brought on by the possession of the concealed weapon.
Generally, the criminal law does not allow for the use of deadly force to thwart a non-deadly attack of oneself or of another.[190] The addition of the duty to aid statutes augments or changes the law of proportional response to [Page 258] felonious attack, and therefore changes the outcome in potential situations.
www.saf.org /LawReviews/Biggs1.html   (14401 words)

 Good Samaritan Shelter   (Site not responding. Last check: )
Premack: I took a CPR class and was told the Good Samaritan law only protects those who are CPR certified, not someone uncertified who in good faith administers CPR at the scene of an accident.
I always thought the law was meant to encourage bystanders to assist without the fear of legal ramifications.
They believe the Good Samaritan law covers the use of the defibrillator on anyone in the community to whom they apply it.
www.premack.com /columns/2003/2003-03-18.htm   (497 words)

 Leader Publications, Akron, Ohio -- Ohio’s Good Samaritan Law protects those who give aid   (Site not responding. Last check: )
The law protects volunteers who help when someone becomes ill or is injured in places such as on the street or highway, in parks, restaurants, businesses and even private residences.
This is because a person who is paid generally is not considered a volunteer, and the Good Samaritan law is intended to protect those who volunteer in emergencies.
The reasoning is that even though a police officer or firefighter is being paid by the department for working a shift (or responding to a call in the case of volunteer firefighters), payment is not being provided specifically for giving care to a particular individual in an emergency.
www.akron.com /20061228/wsl18.asp   (483 words)

 Law.com - Texas Court, Legislature Strengthen Good Samaritan Law
McIntyre moved for summary judgment, claiming the affirmative defense available under the Good Samaritan statute for a person who provides health care in good faith without being willfully or wantonly negligent.
Tom Mayo, a Southern Methodist University Dedman School of Law associate professor who teaches courses in health care law, says the language in Texas' Good Samaritan statute is unique.
With the passage of H.B. 4, the Legislature amended the Good Samaritan statute, eliminating the language at issue in McIntyre.
www.law.com /jsp/article.jsp?id=1056139973152   (802 words)

 Altruism and Good Samaritan Law   (Site not responding. Last check: )
Good samaritan law may be defined as "a law that requires a person to come to the aid of another who is exposed to grave physical harm if there is no danger of risk or injury to the rescuer (Black's Law Dictionary).
There are a variety arguments, including practical and theoretical, both for and against good samaritan law.
It examines the possible relevance of these theories to the kinds of rescue situations that good samaritan law is designed to address.
www.lssu.edu /oapls/2000conference/abstract/strate1.html   (132 words)

 New Mexico Good Samaritan Case Law
The district court further determined that, viewing the evidence most favorably to plaintiff, there was no indication that the actions of defendant’s agents, who were merely responding to a request for assistance by a state police officer, rose to the level of gross negligence.2 See id. at 1325.
On appeal, plaintiff claims that defendant is not entitled to the protection of New Mexico’s Good Samaritan statute because at the time of the accident, the border patrol agents were providing emergency care while receiving remuneration.
Plaintiff next argues that under state law, defendant’s agents were general law enforcement officers and, as such, had a preexisting duty to render aid in an emergency situation.
www.lessstress.com /instructor/NM-CS.htm   (992 words)

 Good Samaritan Hospital Los Angeles - NOTICE OF PRIVACY PRACTICES
We may use and disclose medical information about you so that the treatment and services you receive at Good Samaritan Hospital may be billed to and payment may be collected from you, an insurance company or a third party.
This release would be necessary (1) for the institution to provide you with healthcare; (2) to protect your health and safety or the health and safety of others; or, (3) for the safety and security of the correctional institution.
In addition, each time you register at or are admitted to Good Samaritan Hospital for treatment or healthcare services as an inpatient or outpatient, we will offer you a copy of the current notice in effect.
goodsam.org /HIPAA.php   (3075 words)

 Community Food Rescue - Why It Is So Easy To Give...
Prior to passage of H.R. 2428, a review of state laws revealed that legislators took a variety of approaches and used a wide range of statutory language in their efforts to prevent good food from going to waste and to protect companies from liability surrounding their donations.
Research of case law from all 50 states and the District of Columbia revealed that none of the state statutes had been tested in court though several state attorneys general had rendered opinions regarding the applicability of food donation statutes.
While state laws have never been tested in courts, and food-rescue programs have worked hard to prevent even a single case of food-borne illness, the national law is broader and simpler to apply.
www.communityfoodrescue.org /goodsamaritanlaws.html   (491 words)

 Does the good samaritan law apply to doctors in NY? - Medical Malpractice Law | LawGuru
It was a serious situation, there was not much on board to help, but thankfully we landed soon thereafter and the passenger/patient recovered.
Afterward, some colleagues told me that there was no longer a good samaritan law in the state of NY for physicians and therefore in a similar situation, they would not have responded in that situation.
The "Good Samaritan Law" is alive and well in...
www.lawguru.com /cgi/bbs/mesg.cgi?i=953747338   (257 words)

 Good Samaritan Law: Court Rules Law Protects A Nurse Who Volunteers To Assist In Emergency   (Site not responding. Last check: )
A nurse volunteered her time to staff the first aid tent at an outdoor music festival where food was being sold and served to the public by the festival promoters.
The Supreme Court of Rhode Island used the Good Samaritan law to throw out the wrongful death lawsuit the family filed against the physician and the nurse.
They really did not need the Good Samaritan law to be relieved from blame.
www.nursinglaw.com /goodsam.htm   (354 words)

 Nashville's Table   (Site not responding. Last check: )
The law protects good faith donors from civil and criminal liability, should the product later cause harm to its recipient.
While exceptions are made for gross negligence, the law states that test groups will not be subject to civil or criminal liability.
As of July 1, 2004 a Tennessee State Law (Senate Bill 3120) protects restaurants and other food services that donate food for food banks from criminal penalty or civil damages arising from the condition of the donated food.
www.nashvillestable.org /goodsamaritan   (242 words)

 Good Samaritan/Fireman's Rule Report
The origin of the good samaritan law, section 52-557b of the General Statutes, was in HB 2576, AAC Immunity from Civil Liability for Physicians Rendering Emergency Treatment Without Compensation, later Public Act 63-205.
Raised Bill 6630, AAC the Good Samaritan Law, was introduced by the Judiciary Committee during the 1999 legislative session, but was not reported out of that committee.
The good samaritan act refers to services rendered without a fee, not as part of the normal job requirement, for which a living wage is earned.
www.cga.ct.gov /lrc/recommendations/GoodSamaritanFiremansRuleFinalRpt.htm   (5739 words)

In the medical sense, a Good Samaritan is a medical care professional who volunteers to help someone in need of emergency medical care.
Most of the stories about physicians who are sued for Good Samaritan acts involve a physician who has a duty to treat the patient in question.
The fact that the patient was acting foolishly or that the physician is the bridegroom and is not taking calls does not alter the duty of the physician to provide medical care to his patients when and where they need it.
biotech.law.lsu.edu /Books/lbb/x894.htm   (595 words)

 Good Samaritan Law   (Site not responding. Last check: )
I am looking for information about the "Good Samaratian Law" that is currently in congress in refrence to not-for-profit agencies receiving goods from other venders such as food which is then distributed through such avenues as food pantries Etc.
Venders are now scared to donate items to not-for-profit agencies and tons of food and toiletry items, household goods, diapers etc. are being thrown away for fear of a law suit.
Law pertaining specifically to Florida although this is said to be a national policy being passed.
www.sarci.org /forum/messages/374.html   (251 words)

 Good Samaritan law may not apply - USATODAY.com
LOS ANGELES (AP) — A woman accused of rendering a friend a paraplegic by pulling her out of a wrecked car "like a rag doll" may not be protected by California's good Samaritan law, an appellate court ruled.
The 2nd District Court of Appeal wrote in a decision Wednesday that the Good Samaritan law only protects people from liability if they are administering emergency medical care.
Court documents said that the question of whether she was paralyzed during the crash or when she was pulled out of the car has been disputed.
www.usatoday.com /news/nation/2007-03-23-samaritan-accident_N.htm   (423 words)

 Good Samaritan Law applicable to physicians? - Student Doctor Network Forums
Would the injured person and/or their family be able to sue the doctor for doing something wrong if they were only trying to help.
Good Sam laws come in to relieve you of that "duty to act" and thus remove an essential component of a tort case.
Good Samaritan laws (each state has a slightly different one) is usually an AFFIRMATIVE defense - that means you have to go to court with your lawyer (who gets paid by the hour, btw) and PROVE that the statute applies to you.
forums.studentdoctor.net /showthread.php?t=286251   (1298 words)

 PA Good Samaritan Law (Statute)
(b) Definition.--As used in this section "good faith" shall include, but is not limited to, a reasonable opinion that the immediacy of the situation is such that the rendering of care should not be postponed until the patient is hospitalized.
Good Samaritan civil immunity for use of automated external defribillator.
(a) General rule.--No person shall be held liable for death, disease or injury resulting from the lawful transfusion of blood, blood components or plasma derivatives, or from the lawful transplantation or insertion of tissue, bone or organs, except upon a showing of negligence on the part of such person.
www.concentric.net /~Maxfax/files/law2.htm   (2372 words)

 The Right to Life and Limb in Israeli Law
Israel’s Good Samaritan Law of 1998 requires one to render assistance in a situation of immediate and severe danger to another.
The violation of a person’s right to life and limb is both a tort and a criminal violation; and the extradition law of 1954 prohibits the extradition of a person to a nation in which he or she might be expected, if convicted, to face the death penalty.
The penalty can be invoked by power of the Doing Justice to Nazis and their Assistants Law (1950), the Law for the Prevention and Punishment of Genocide (1950), treason during a time of war, and certain violations of the emergency defense directives of 1945.
www.jewishvirtuallibrary.org /jsource/Politics/right_to_life_law.html   (317 words)

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