What is the Good Samaritan law in Montana?
Full Question:
My wife fainted while we were walking in the park. A guy who claimed to be a doctor offered help and we went to his house. (His house is very close to this park) he gave my wife some medicines and when she was okay we left his house. His medicines had a bad reaction on my wife’s body and she got some sort of infection. Can we hold this doctor responsible for the same?
04/03/2017 |
Category: Helping People » Good Samarit... |
State: Montana |
#35031
Answer:
Here’s the law:
27-1-714, MCA:
Limits on liability for emergency care rendered at scene of accident or emergency.
(1) Any person licensed as a physician and surgeon under the laws of the state of Montana, any volunteer firefighter or officer of any nonprofit volunteer fire company, or any other person who in good faith renders emergency care or assistance without compensation except as provided in subsection (2) at the scene of an emergency or accident is not liable for any civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by the person in rendering the emergency care or assistance.
(2) Subsection (1) includes a person properly trained under the laws of this state who operates an ambulance to and from the scene of an emergency or renders emergency medical treatment on a volunteer basis so long as the total reimbursement received for the volunteer services does not exceed 25% of the person's gross annual income or $ 3,000 a calendar year, whichever is greater.
(3) If a nonprofit subscription fire company refuses to fight a fire on nonsubscriber property, the refusal does not constitute gross negligence or a willful or wanton act or omission.