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Old Sep 6, 2005 | 5:32 pm
  #28  
justin thyme
 
Join Date: Mar 2005
Location: tucked against the Ko'olau, Windward O'ahu
Programs: UA 1K
Posts: 122
Originally Posted by ksu
Or there were, but they didn't dare to acknowledge it, for fear of being sued, at least in the States.
. . . .
I guess that others held back due to litigation fears... (My Norwegian malpractise insurance covers this type of emergency, by the way!).
Urban mythology strikes again.

The "good samaritan" doctrine would most likely shield the volunteer provider from liability. Even if that doctrine didn't apply, the volunteer's conduct would be judged by the standards of their own profession for other similarly-qualified providers acting under the same (emergency) circumstances with the same limitations as to available medications, equipment, etc. And their malpractice insurance almost assuredly would (1) retain and pay for their defense attorney, and (2) indemnify them against losses in the extremely unlikely event of an adverse verdict.

Unless there was clear evidence of seriously negligent error on the part of the volunteer, accompanied by clear proof that the negligence was the cause of a serious injury or death that wouldn't have happened otherwise, no competent lawyer would be stupid enough to file such a case in the first place. Plaintiffs' lawyers get paid only if and when they win. They don't like to work for free.
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