Legal Question in Personal Injury in California

As a healthcare professional in California (MD,RN,LVN...etc), will I be heald accountable for not helping in a medical emergency such as for someone choking or needing CPR? Does it make a difference if am in uniform or not? I know there is a good Samaritan law, but I recall in NY one would be required to stop and help if he/she is in the healthcare field. Of course this could lead to that person being involved in a lawsuit thanks to a few cracked ribs during CPR. With this fear, I know a lot of healthcare personnel willing to walk away in an emergency to avoid legal complications. Thanks for any answer you could give.


Asked on 3/09/12, 3:01 pm

1 Answer from Attorneys
Brian McGinity McGinity Law Office

This is a real dual edged sword. Legally the best thing to do is absolutely nothing. Call 911 and walk away. However, that is a lot easier said than done.

As a healthcare professional you are not required, under the law, to render aid when you see a medical emergency. However that can change quickly. If you start to render aid and then stop you could be held liable.

The latest case is Van Horn v Watson. However the legislature has reacted to the California Supreme Court's decision and the law may change in the near future. However, at this time you are not required to intervene unless you have a legally recognized "special relationship" with the hurt individual.

Good luck,

Brian McGinity

www.brianmcginitylaw.com

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Answered on 3/09/12, 5:38 pm


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