Originally Posted by jannis
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.
This statute covers only non-medical individuals. If you are a doctor, you can be sued for alledged malpractice even if you are a Good Samaritan.
I don't think an airline will sue for an unnecessary landing. Consider leaving the decision to the captain by advising him, not trying to order him around. One could say that the passenger's medical condition is such he/she has a reasonable likelihood of survival without an unscheduled landing but that there is a likelihood of a bad outcome, possibly small, as a result of not landing. I have seen a sick (and coherent) passenger who did not want to divert which made the decision for the captain easy.
Airlines vary as far as compensation. Often, they will compensate other passengers for a delay more than the doctor. Northwest has a 5,000 frequent flyer miles certificate that they give. A Northwest FA has also supplemented this with another 1,500 mi. certificate. Delta has written a letter of thanks. FA will sometimes give a bottle of wine to the MD.
I've found that MD have a sense of compassion and are not so tricky and calculative like lawyers that they will volunteer and give assistance.