What is the Good Samaritan law in Georgia?
Full Question:
My husband complained of chest pain so we took him to the hospital. While I was driving our car broke down and we had to take help of a man who agreed to drop us in the hospital. I asked this guy to help me hold my husband and make him sit in his car. This guy didn’t hold my husband properly and my husband fell on the road and became unconscious. Can I bring an action against this guy for damages?
03/31/2017 |
Category: Helping People » Good Samarit... |
State: Georgia |
#34908
Answer:
In Georgia thee god Samaritan law would probably provide impunity to this guy who acted as a good Samaritan in your case and tried to help you and your husband go to the hospital. Any injuries suffered by your husband by fall on the road while this guy was helping you guys won’t be sufficient to bring an action against him.
Here is the relevant law:
O.C.G.A. § 51-1-29 :
Liability of persons rendering emergency care
(a) Any person, including any person licensed to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43 and any person licensed to render services ancillary thereto, who in good faith renders emergency care at the scene of an accident or emergency to the victims thereof without making any charge therefor shall not be liable for any civil damages as a result of any act or omission by such person in rendering emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person.
(b) As used in this Code section, the term "emergency care" shall include, but shall not be limited to, the rescue or attempted rescue of an incapacitated or endangered individual from a locked motor vehicle.
(b) As used in this Code section, the term "emergency care" shall include, but shall not be limited to, the rescue or attempted rescue of an incapacitated or endangered individual from a locked motor vehicle.
O.C.G.A. § 51-1-29.1:
Liability of voluntary health care provider and sponsoring organization
(a) Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct:
(1) No health care provider licensed under Chapter 9, 11, 26, 30, 33, or 34 of Title 43 who voluntarily and without the expectation or receipt of compensation provides professional services, within the scope of such health care provider's licensure, for and at the request of a hospital, public school, nonprofit organization, or an agency of the state or one of its political subdivisions or provides such professional services to a person at the request of such an organization, which organization does not expect or receive compensation with respect to such services from the recipient of such services; or
(2) No licensed hospital, public school, or nonprofit organization which requests, sponsors, or participates in the providing of the services under the circumstances provided in paragraph (1) of this subsection shall be liable for damages or injuries alleged to have been sustained by the person nor for damages for the injury or death of the person when the injuries or death are alleged to have occurred by reason of an act or omission in the rendering of such services.
(b) Nothing in this Code section shall be construed to change the scope of practice of any health care provider granted immunity in this Code section.
(c) This Code section shall apply only to causes of action arising on or after July 1, 1987.