The lawyer for the plaintiff would likely position it by suggested you're not harming the doc because they're covered by "big insurance policies" - The lawyer will usually "chase the money" which involves chasing the doc's liability insurer.
A lawyer may never mention "insurance" in a damage suit. The jury often guesses it, but insurance or the lack thereof may never be mentioned.
Traditional tort law is that you are under absolutely no duty to reder aid. I believe this is still the law everywhere. BUT, if you undertake to render aid, you must do it competently. The Good Samaritan laws were designed to stop negligence actions in these cases.
Another point is that if you start to render aid, you can't stop. If someone sees that you have things under control and therefore takes no helpful action, and then you decide that you don't want to help after all and the person dies or suffers damage, you are liable because your actions kept another from helping. I don't think the Good Samaritan laws will help you here.
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If I am flying within Texas, which is at least every week, then I would be required to render aid according to state medical board regulations. Goodness knows that I have not practiced in an ER in more than 20 years, but I still maintain my ACLS certification. Texas does have a Good Samaritan provision as well as tight controls on malpractice lawsuits, but all three Texas-based airlines contract with an emergency medical management service and I would provide care consistent with their recommendations.
I have been called to render assistance before, as many flight attendants know that I am a physician. The ones that do know me well also know that I practice in neuropsychiatry, so I don't get many requests to deliver babies or crack a chest in mid-air.
How would anyone possibly know you were a health care worker unless you told them?
It is easy to think of situations where this may arise. Maybe another pax sees your reading material or hospital badge?
I have a hospital badge but I am not a clinician; I would be completely unqualified to assist in any but a layman capacity. (I have left my badge on and gone all the way to the airport and through security with it, though.)
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Although my colleague was later dropped from the suit, it wasn't until after he, my company, and the medical malpractice insurer spent tons of money preparing for the defense, securing expert witnesses, etc. This could have been easily avoided had a lawyer done his homework instead of just filing a lawsuit against every doctor who touched the patient.
if your colleague stayed in the case that long, it seems that the lawyer had in fact done his homework. indeed, one could easily surmise that it was impossible to know whether the fault lay entirely with the late-showing surgeon, with your colleague, or with someone else, until after the discovery was done. but what bothers me about this anecdote is the reference that your company had to put up your own money in addition to the insurer's. they should have provided you with 100% of the defense costs.
if your colleague stayed in the case that long, it seems that the lawyer had in fact done his homework. indeed, one could easily surmise that it was impossible to know whether the fault lay entirely with the late-showing surgeon, with your colleague, or with someone else, until after the discovery was done. but what bothers me about this anecdote is the reference that your company had to put up your own money in addition to the insurer's. they should have provided you with 100% of the defense costs.
Not as an independent contractor. Many emergency physicians aren't IC's and not employees. Many EP's have to secure their own medical malpractice insurance.
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