What is the Good Samaritan law Illinois?
Full Question:
My son while playing in the children park fell from one of the swings and got injured. A person who claimed to be a member of the American Red Cross came to help my son and gave him first aid. Later when I took my son to the doc, I was told that my son’s bandage was not properly done and due to this, his injury had become much more serious. Can I sue this guy for not treating my son properly.
03/31/2017 |
Category: Helping People » Good Samarit... |
State: Illinois |
#34911
Answer:
Below is the statute, have a look at it:
745 ILCS 49/67:
First aid providers; exemption for first aid
Any person who is currently certified in first aid by the American Red Cross, the American Heart Association, or the National Safety Council and who in good faith provides first aid without fee to any person shall not, as a result of his or her acts or omissions, except willful and wanton misconduct on the part of the person in providing the aid, be liable to a person to whom such aid is provided for civil damages.
The provisions of this Section shall not apply to any health care facility as defined in Section 8-2001 of the Code of Civil Procedure [735 ILCS 5/8-2001] or to any practitioner as defined in Section 8-2003 of the Code of Civil Procedure [735 ILCS 5/8-2003 (repealed)] providing services in a hospital or health care facility.
The other laws that give immunity to Good Samaritans are given below.
§ 745 ILCS 49/75. Employers and employees under the Health and Safety Act; exemption from civil liability for emergency care
Immunity for Employees and Employers for first aid at work
§ 745 ILCS 49/2. Legislative purpose
. Legislative purpose. The General Assembly has established numerous protections for the generous and compassionate acts of its citizens who volunteer their time and talents to help others. These protections or good Samaritan provisions have been codified in many Acts of the Illinois Compiled Statutes. This Act recodifies existing good Samaritan provisions. Further, without limitation the provisions of this Act shall be liberally construed to encourage persons to volunteer their time and talents.
§ 745 ILCS 49/10. Cardiopulmonary resuscitation; exemption from civil liability for emergency care
Cardiopulmonary resuscitation; exemption from civil liability for emergency care. Any person currently certified in basic cardiopulmonary resuscitation who complies with generally recognized standards, and who in good faith, not for compensation, provides emergency cardiopulmonary resuscitation to a person who is an apparent victim of acute cardiopulmonary insufficiency shall not, as the result of his or her acts or omissions in providing resuscitation, be liable for civil damages, unless the acts or omissions constitute willful and wanton misconduct.
§ 745 ILCS 49/12. Use of an automated external defibrillator; exemption from civil liability for emergency care
Use of an automated external defibrillator; exemption from civil liability for emergency care. As provided in Section 30 of the Automated External Defibrillator Act, any automated external defibrillator user who in good faith and without fee or compensation renders emergency medical care involving the use of an automated external defibrillator in accordance with his or her training is not liable for any civil damages as a result of any act or omission, except for willful and wanton misconduct, by that person in rendering that care.
§ 745 ILCS 49/65. Choking victim at food-service establishment; exemption from civil liability for emergency assistance
Choking victim at food-service establishment; exemption from civil liability for emergency assistance. Except as provided by law, no person shall be obligated to remove, assist in removing, or attempt to remove, food from another person’s throat, nor shall any person who in good faith removes or attempts to remove food in an emergency occurring at a food-service establishment as defined in the Choke-Saving Methods Act [410 ILCS 10/1 et seq.] be liable for any civil damages as a result of any acts or omissions by that person in rendering emergency assistance.
These are the law that Illinois has on Good Samaritan.
745 ILCS 49/1 Short title
745 ILCS 49/2 Legislative purpose
745 ILCS 49/5 Emergency telephone instructions; exemption from civil liability
745 ILCS 49/10 Cardiopulmonary resuscitation; exemption from civil liability for emergency care
745 ILCS 49/12 Use of an automated external defibrillator; exemption from civil liability for emergency care
745 ILCS 49/15 Dentists; exemption from civil liability for emergency care
745 ILCS 49/20 Free dental clinic; exemption from civil liability for services performed without compensation
745 ILCS 49/25 Physicians; exemption from civil liability for emergency care
745 ILCS 49/30 Free medical clinic; exemption from civil liability for services performed without compensation
745 ILCS 49/30.5 Alternative free medical clinic without physical premises patient notification practice
745 ILCS 49/34 Advanced practice nurse; exemption from civil liability for emergency care
745 ILCS 49/35 Nurses; exemption from civil liability for emergency care
745 ILCS 49/36 Pharmacists; exemptions from civil liability for the dispensing of an opioid antagonist to individuals ...
745 ILCS 49/40 Nurses; exemption from civil liability for services performed without compensation
745 ILCS 49/42 Optometrists; exemption from civil liability for emergency care
745 ILCS 49/45 Physical Therapist; exemption from civil liability for emergency care
745 ILCS 49/46 Physician assistant; exemption from civil liability for emergency care
745 ILCS 49/50 Podiatric physician; exemption from civil liability for emergency care
745 ILCS 49/55 Respiratory care practitioner; exemption from civil liability for emergency care
745 ILCS 49/60 Veterinarians; exemption from civil liability for emergency care to humans
745 ILCS 49/65 Choking victim at food-service establishment; exemption from civil liability for emergency assistance
745 ILCS 49/67 First aid providers; exemption for first aid
745 ILCS 49/68 Disaster Relief Volunteers
745 ILCS 49/70 Law enforcement officers, firemen, emergency medical technicians (EMTs) and first responders; ...
745 ILCS 49/71 Exemption from civil liability in emergencies requiring building evacuations
745 ILCS 49/72 Professional engineers, architects, land surveyors, and structural engineers; exemption from civil ...
745 ILCS 49/75 Employers and employees under the Health and Safety Act; exemption from civil liability for emergency care
