Can a person sue a doctor for wrong treatment in an emergency situation?
Full Question:
I met with a bike accident and the police called a doctor for help. The doctor came and he just dressed up the injuries in my hands. But actually my hand was broken and he had to put a plaster. Can I sue him for the wrong treatment?
03/30/2017 |
Category: Helping People |
State: Pennsylvania |
#34850
Answer:
You can have a look at the relevant law in this regard below:
42 Pa.C.S. § 8331.
Medical good Samaritan civil immunity.
(a) General rule. --
Any physician or any other practitioner of the healing arts or any registered nurse, licensed by any state, who happens by chance upon the scene of an emergency or who arrives on the scene of an emergency by reason of serving on an emergency call panel or similar committee of a county medical society or who is called to the scene of an emergency by the police or other duly constituted officers of a government unit or who is present when an emergency occurs and who, in good faith, renders emergency care at the scene of the emergency, shall not be liable for any civil damages as a result of any acts or omissions by such physician or practitioner or registered nurse in rendering the emergency care, except any acts or omissions intentionally designed to harm or any grossly negligent acts or omissions which result in harm to the person receiving emergency care.
(b) Definition. --
As used in this section "good faith" shall include, but is not limited to, a reasonable opinion that the immediacy of the situation is such that the rendering of care should not be postponed until the patient is hospitalized.
42 Pa.C.S. § 8332.
Emergency response provider and bystander good Samaritan civil immunity.
(a) General rule. --
Any person, including an emergency response provider, whether or not trained to practice medicine, who in good faith renders emergency care, treatment, first aid or rescue at the scene of an emergency event or crime, or who moves the person receiving such care, first aid or rescue to a hospital or other place of medical care, shall not be liable for any civil damages as a result of rendering such care, except in any act or omission intentionally designed to harm or any grossly negligent acts or omissions which result in harm to the person receiving emergency care or being moved to a hospital or other place of medical care.
(b) Exceptions. --
(Deleted by amendment).
(c) Exception. --
This section shall not relieve a driver of a vehicle, including an ambulance or other emergency rescue vehicle, from liability arising from an operation or use of such vehicle pursuant to subsection (a).
(d) Definition. --
For the purposes of this section, the term "emergency response provider" includes Federal, State and local emergency public safety, law enforcement, emergency response, emergency medical services personnel, response teams, agencies and authorities, excluding hospital emergency facilities and related personnel.