What is the Good Samaritan law in Michigan?

Answer 1

[Answer posted December 25, 2008.]

The current "Good Samaritan" law in Michigan (Liability of Certain Persons for Emergency Care, MCL Act 17 of 1963) is broken down into five parts.

Part one (MCL 691.1501) covers physicians, physician's assistants, or nurses rendering emergency care or determining fitness to engage in competitive sports. [NOTE: Applies to professionals.]

Basically, it reads: (1) that physicians, physician's assistants, or nurses who voluntarily render emergency care (where no patient relationship existed before the emergency) without compensation are protected from civil liability except for acts or omissions amounting to gross negligence or willful and wanton misconduct; (2) a physician or physician's assistants who, in good faith, perform a physical examination without compensation upon an individual to determine the individual's fitness to engage in competitive sports and who has obtained a signed form (as described in the Act) is not liable for civil damages except for acts or omissions amounting to gross negligence or willful and wanton misconduct or which are outside the scope of the license held by the physician or physician's assistant; and (3) a physician, physician's assistant, registered professional nurse, or licensed practical nurse who, in good faith, renders emergency care without compensation to an individual requiring emergency care as a result of having engaged in competitive sports is not liable for civil damages except for acts or omissions amounting to gross negligence or willful and wanton misconduct and except acts or omissions that are outside the scope of the license held by the physician, physician's assistant, registered professional nurse, or licensed practical nurse.

Part two (MCL 691.1502) covers emergency care and staffing hospital emergency facilities. [NOTE: Applies to professionals.]

Basically, it reads that if an individual's actual hospital duty does not require a response to the emergency situation, a physician, physician's assistant (where the response by the physician's assistant is within the scope of the license held by the physician's assistant or within the expertise or training of the physician's assistant), dentist, podiatrist, intern, resident, registered nurse, licensed practical nurse, registered physical therapist, clinical laboratory technologist, inhalation therapist, certified registered nurse anesthetist, x-ray technician, or paramedic, who, in good faith, responds to a life threatening emergency or responds to a request for emergency assistance in a life threatening emergency within a hospital or other licensed medical care facility, is not liable for civil damages except for an act or omission amounting to gross negligence or willful and wanton misconduct if a patient relationship did not exist prior to the emergency.

It further reiterates that the Act does not diminish a hospital's responsibility to reasonably and adequately staff hospital emergency facilities if the hospital maintains or holds out to the general public that it maintains emergency room facilities.

Part three (MCL 691.1504) covers rendering of cardiopulmonary resuscitation (CPR) and use of an automated external defibrillator.

Basically, it reads that an individual, who having no duty to do so, in good faith voluntarily renders cardiopulmonary resuscitation (CPR) to another individual is not liable in a civil action for damages except for an act or omission that constitutes gross negligence or willful and wanton misconduct. It also lists specified persons not liable in a civil action for damages except for an act or omission that constitutes gross negligence or willful and wanton misconduct for use of defibrillators.

Part four (MCL 691.1505) covers the liability of block parent volunteers.

Basically, it reads that block a parent volunteer who, in good faith and while acting as a block parent volunteer, renders assistance to a minor during an emergency shall not be liable for civil damages except for an act or omission amounting to gross negligence or willful and wanton misconduct.

Part five (MCL 691.1507) covers members of national ski patrol system rendering emergency care.

Basically, it reads that a person who is a registered member of the national ski patrol system and who, in good faith and while on patrol as a member of the national ski patrol system, renders emergency care at the scene of an emergency shall not be liable for civil damages except for acts or omissions amounting to gross negligence or willful and wanton misconduct.

There is also a current bill (House Bill 5001 (2007) (2007 HB 5001)) to amend the Act (MCL Act 17 of 1963) by adding part six so that a person who is certified as a lifeguard by the American Red Cross and who, in good faith and while on duty as a lifeguard, performs lifesaving activities or renders other emergency care is not liable for civil damages except for an act or omission that constitutes gross negligence or willful and wanton misconduct.

[NOTE: For physicians providing voluntary free care (dealing with the indigent), see also Act 368 of 1978 Section 16184 (MCL 333.16184) and Act 368 of 1978 Section 1685 (MCL 333.16185) .]

[NOTE: If the linked text in italics in the above paragraphs do not work, see: (1) Liability of Certain Persons for Emergency Care, Act 17 of 1963 at http://legislature.mi.gov/doc.aspx?mcl-Act-17-of-1963 [scroll down on that page for links to specific sections/parts of the Act]; (2) House Bill 5001 (2007) (2007 HB 5001) at http://legislature.mi.gov/doc.aspx?2007-HB-5001; and (3) The Public Health Code, Act 368 of 1978 (referenced in the note in the immediately above paragraph) at http://legislature.mi.gov/doc.aspx?mcl-Act-368-of-1978 [scroll down on that page for links to specific sections/parts of that statute/act].]

On the flip side of the coin, I did find mention at It's My Michigan that Michigan lawmakers are talking about introducing a Good Samaritan Bill that would require you to become involved with potential life threatening situations. This is not currently the law in Michigan, nor could I find any bill that has been introduced on the subject matter.

[NOTE: if the linked text in italics in the immediately above paragraph do not work, see It's My Michigan at http://www.itsmymichigan.com and the article regarding the Good Samaritan Bill at http://www.itsmymichigan.com/main/index.php?option=com_content&view=article&id=60:the-good-samaritan-bill&catid=36:who-ate-a-bowl-of-stupid.]

the goood samariton is a samaritan that is good

Answer 2

Section 2305.23 of the Ohio Revised Code (ORC) is the main law pertaining to the Good Samaritan law. This law states that no person shall be liable in civil damages for administering emergency care or treatment at the scene of an emergency outside of a hospital, doctor's office, or other place having proper medical equipment, for acts performed at the scene of such emergency, unless the acts constitute willful or wanton misconduct. There are other immunity laws set forth in ORC Chapter 2305. For example, ORC Section 2305.23.5 provides immunity to individuals using an AED. Additionally, First Responders and EMTs are provided immunity under ORC Section 4765.49.

Answer 3

There are specific rules when you discovering an accident (Good Samaritan Statute - Minnesota Statute 171.50, Driver License Compact).

A driver can have his or her license suspended for "failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another." -- Article IV, Section (a)(4)

As with any legal issue, it is best for you to contact an attorney who understands the laws related to your specific issue.

Answer 4

Michigan has good samaritan laws which now includes the AED.