Can a non-medical person be sued for using a defibrillator in an emergency situation?
Full Question:
My uncle falls down unconsciously while walking in a public park. While we asked for help a nearby guy came with a defibrillator and applied on him. He was neither a doctor nor a medical professional. Later the ambulance arrived and we carried him to the hospital. But he was already dead. I think the use of defibrillator might be the cause for my uncle's death. Can I sue the guy for this?
03/31/2017 |
Category: Helping People ยป Good Samarit... |
State: Texas |
#34915
Answer:
You can have a look at the relevant law in this regard below:
Tex. Civ. Prac. & Rem. Code § 74.151.
Liability for Emergency Care.
(a) A person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is wilfully or wantonly negligent, including a person who:
(1) administers emergency care using an automated external defibrillator; or
(2) administers emergency care as a volunteer who is a first responder as the term is defined under Section 421.095, Government Code.
(b) This section does not apply to care administered:
(1) for or in expectation of remuneration, provided that being legally entitled to receive remuneration for the emergency care rendered shall not determine whether or not the care was administered for or in anticipation of remuneration; or
(2) by a person who was at the scene of the emergency because he or a person he represents as an agent was soliciting business or seeking to perform a service for remuneration.
(c), (d) [Deleted by Acts 2003, 78th Leg., ch. 204 (H.B. 4), § 10.01, effective September 1, 2003.]
(e) Except as provided by this subsection, this section does not apply to a person whose negligent act or omission was a producing cause of the emergency for which care is being administered. This subsection does not apply to liability of a school district or district school officer or employee arising from an act or omission under a program or policy or procedure adopted under Subchapter O-1, Chapter 161, Health and Safety Code, other than liability arising from wilful or intentional misconduct.
Tex. Civ. Prac. & Rem. Code § 74.152.
Unlicensed Medical Personnel.
Persons not licensed or certified in the healing arts who in good faith administer emergency care as emergency medical service personnel are not liable in civil damages for an act performed in administering the care unless the act is wilfully or wantonly negligent. This section applies without regard to whether the care is provided for or in expectation of remuneration.