Is a doctor person liable for the extra injuries while treating a person at the scene of a crime?
Full Question:
I'm a doctor practicing in WV. While I was walking through the road I found a man attacked by someone and in a worst condition. I gave first aid at the scene and carried him to my clinic and stitched his wounds. While I carried him, he sustained some more injuries. Am I liable for those new injuries?
03/31/2017 |
Category: Helping People ยป Good Samarit... |
State: West Virginia |
#34916
Answer:
You can have a look at the relevant law in this regard below:
W. Va. Code § 55-7-15.
Aid to victim of accident and victim of crime; immunity from civil liability.
No person, including a person licensed to practice medicine or dentistry, who in good faith renders emergency care at the scene of an accident or to a victim at the scene of a crime, without remuneration, shall be liable for any civil damages as the result of any act or omission in rendering such emergency care.
W. Va. Code § 55-7-16.
Immunity from liability for ski patrol rendering emergency care.
(a) A member in good standing of a national ski patrol system who, without compensation, provides emergency aid or assistance to an injured or ill person at the scene of a ski resort rescue operation, outdoor emergency rescue operation or while otherwise performing ski patrol or while transporting an injured or ill person to a place for transfer to an available emergency medical center or hospital as the result of being on ski patrol, may not be held liable for civil damages for any alleged act or omission which is claimed to have occurred during the rendering of the emergency aid or assistance. The limitation of liability established by the provisions of this section apply to acts or omissions rendered in good faith.
(b) For the purposes of this section, a national ski patrol system is a national organization whose members are volunteers and do not receive compensation and are required to obtain training in safety and emergency medical treatment.
(c) For purposes of this section, the term "compensation" does not include access to a recreational facility, complimentary lift tickets, food, lodging or other gifts or discounts that may be offered or accessible to a person.
W. Va. Code § 55-7-19.
Liability of physicians who render services at school athletic events; limiting liability; exceptions.
(a) Any person licensed to practice medicine and surgery pursuant to the provisions of article three [§§ 30-3-1 et seq.], chapter thirty of this code or any person licensed to practice medicine and surgery as an osteopathic physician and surgeon pursuant to the provisions of article fourteen [§§ 30-14-1 et seq.], chapter thirty of this code: (1) Who is acting in the capacity of a volunteer team physician in attendance at an athletic event sponsored by a public or private elementary or secondary school; and (2) who gratuitously and in good faith prior to the athletic event agrees to render emergency care or treatment to any participant during such event in connection with an emergency arising during or as the result of such event, without objection of such participant, shall not be held liable for any civil damages as a result of such care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment, to an extent greater than the applicable limits of his or her professional liability insurance policy or policies when such care or treatment was rendered in accordance with the acceptable standard of care established in section three [§ 55-7B-3], article seven-b of this chapter.
(b) The limitation of liability established by the provisions of this section shall not apply to acts or omissions constituting gross negligence. For purposes of this section, the term "athletic event" includes scheduled practices for any athletic event.