Originally Posted by pgrin
I applaud both of you. You are putting yourself in a no win situation. If you are asked if a divert is needed, so no, and the passenger crumps, there will be 3 malpractice lawyers for every 1 paramedic waiting for you when the plane lands
P
Thanks for your applause. But your comment made me think about providing medical care on an US Airplane. I did not even think of not helping. But your remarks give me the impression that that might be hazardous for me.
I work and was trained mostly in Germany. In our legal system the likelihood that any malpractice claims get through any court especially in the situation of a ‘Good Samaritan’ are extremely low unless someone can proof that I intentionally did anything against better knowledge. At the same time everyone is required by law to provide first help or more if higher expertise is available. The helping person is immune from prosecution if assistance given in good faith turns out to be harmful. As I want to survive as an MD, I of course have malpractice insurance that also covers activities as a Good Samaritan outside of Germany.
But I would like to know which regulations and laws apply in this situation in the US.
Can I refuse to get involved if I am the only MD or health professional onboard?
What if my decision that the patient doesn’t need to be treated right away and an emergency landing is necessary turns out to be wrong?
Can the airline sue me for causing an unnecessary emergency landing?
I only found is this:
49 USC 44701
(b) Liability of individuals.--An individual shall not be liable for damages in any action brought in a Federal or State court arising out of the acts or omissions of the individual in providing or attempting to provide assistance in the case of an in-flight medical emergency unless the individual, while rendering such assistance, is guilty of gross negligence or willful misconduct.