Good Sams protected?

Linda of Spring Lake Township asked, "Does Michigan have a Good Samaritan law? As when someone helps an accident victim, but unintentionally makes their injuries worse in the process of helping."
Mark Brooky
Aug 28, 2013

ANSWER:

Thankfully, the answer is yes.

Most states do have a Good Sam Law, including Michigan, according to Heart Safe America.

The Heart Safe America explains exactly what such a law is for and how it protects people with good intentions:

1.  What is the purpose of the Good Samaritan Law?

The purpose of the Good Samaritan Law is to protect individuals that assist a victim during a medical emergency.  Most Good Samaritan laws are created specifically for the general public.  The law assumes that there is no medically trained person available to assist the victim.  Since the Good Samaritan typically does not have medical training, the law protects him or her from being liable from injury or death caused to the victim during a medical emergency. 

2.  Who is protected by the Good Samaritan Law?

Each law protects different individuals.  A general layperson is protected under the Good Samaritan laws as long as he or she has good intentions to aid the victim to the best of his or her ability during a medical emergency.  Under some Good Samaritan Laws, as long as medical personnel, such as doctors, nurses, or medical responders, are following normal proceeders, they too will be proctected under the Good Samaritan laws.  Each law has specific guidelines.

3.  Does the victim or the victim's family have any rights against a responder that causes injuries or death?

The victim or the victim's family does have rights if malicious intent was committed during the medical emergency.  If there was no malicious intent, then the individual who aided the victim should be covered under the Good Samaritan Law for that state.

Michigan Good Samaritan Law (Act 368 of 1978 333.20965): Immunity from liability

Sec. 20965. (1) Unless an act or omission is the result of gross negligence or willful misconduct, the acts or omissions of a medical first responder, emergency medical technician, emergency medical technician specialist, paramedic, medical director of a medical control authority or his or her designee, or, subject to subsection (5), an individual acting as a clinical preceptor of a department-approved education program sponsor while providing services to a patient outside a hospital, in a hospital before transferring patient care to hospital personnel, or in a clinical setting that are consistent with the individual's licensure or additional training required by the medical control authority including, but not limited to, services described in subsection (2), or consistent with an approved procedure for that particular education program do not impose liability in the treatment of a patient on those individuals or any of the following persons: (a) The authorizing physician or physician's designee.

(b) The medical director and individuals serving on the governing board, advisory body, or committee of the medical control authority and an employee of the medical control authority.

(c) The person providing communications services or lawfully operating or utilizing supportive electronic communications devices.

(d) The life support agency or an officer, member of the staff, or other employee of the life support agency.

(e) The hospital or an officer, member of the staff, nurse, or other employee of the hospital.

(f) The authoritative governmental unit or units.

(g) Emergency personnel from outside the state.

(h) The education program medical director.

(i) The education program instructor-coordinator.

(j) The education program sponsor and education program sponsor advisory committee.

(k) The student of a department-approved education program who is participating in an education program-approved clinical setting.

(l) An instructor or other staff employed by or under contract to a department-approved education program for the purpose of providing training or instruction for the department-approved education program.

(m) The life support agency or an officer, member of the staff, or other employee of the life support agency providing the clinical setting described in subdivision (k).

(n) The hospital or an officer, member of the medical staff, or other employee of the hospital providing the clinical setting described in subdivision (k).

(2) Subsection (1) applies to services consisting of the use of an automated external defibrillator on an individual who is in or is exhibiting symptoms of cardiac distress.

(3) Unless an act or omission is the result of gross negligence or willful misconduct, the acts or omissions of any of the persons named below, while participating in the development of protocols under this part, implementation of protocols under this part, or holding a participant in the emergency medical services system accountable for department-approved protocols under this part, does not impose liability in the performance of those functions: (a) The medical director and individuals serving on the governing board, advisory body, or committees of the medical control authority or employees of the medical control authority.

(b) A participating hospital or freestanding surgical outpatient facility in the medical control authority or an officer, member of the medical staff, or other employee of the hospital or freestanding surgical outpatient facility.

(c) A participating agency in the medical control authority or an officer, member of the medical staff, or other employee of the participating agency.

(d) A nonprofit corporation that performs the functions of a medical control authority.

(4) Subsections (1) and (3) do not limit immunity from liability otherwise provided by law for any of the persons listed in subsections (1) and (3).

(5) The limitation on liability granted to a clinical preceptor under subsection (1) applies only to an act or omission of the clinical preceptor relating directly to a student's clinical training activity or responsibility while the clinical preceptor is physically present with the student during the clinical training activity, and does not apply to an act or omission of the clinical preceptor during that time that indirectly relates or does not relate to the student's clinical training activity or responsibility.

(History: Add. 1990, Act 179, Imd. Eff. July 2, 1990 ;--Am. 1997, Act 78, Imd. Eff. July 22, 1997 ;--Am. 1999, Act 199, Imd. Eff. Dec. 20, 1999 ;--Am. 2000, Act 375, Imd. Eff. Jan. 2, 2001 .  Popular Name: Act 368)

Comments

christopher

Funny choice of imagery for this story.

I am not sure how the Good Sam Club "RV" association logo is related to this story ... but it still is funny.

Vast Right Wing...

Because these so call journalists only take what is spoon fed to them, they can not or will not look at facts, logo's etc. Just like anytime a story mentions a shooting, a handgun is shown, or a picture of a police car if its an accident, etc...

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