Can a person sue a nurse for the extra injuries caused while she treats him in an emergency situation?

Full Question:

I met with an accident and somehow a nurse who arrived at the accident scene gave me first aid. I sustained some more injuries during her treatment. Can I sue him for that?
04/04/2017   |   Category: Helping People ยป Good Samarit...   |   State: South Dakota   |   #35108

Answer:

No, you cannot sue her for the extra injuries. A nurse who present in an emergency situation and renders emergency care at an emergency scene in good faith is not liable for any civil damages as a result of her acts or omissions. Likewise, a physician, surgeon, osteopath, physician assistant, registered nurse, or licensed practical nurse who, in good faith, renders emergency care at an emergency scene is not liable for any civil damages as a result of any acts or omissions by them rendering the emergency care.

You can have a look at the relevant law in this regard below:

S.D. Codified Laws § 20-9-3.  
Liability of licensed medical practitioners for emergency medical services rendered.

No physician, surgeon, osteopath, physician assistant, registered nurse or licensed practical nurse, licensed under the provisions of chapters 36-4, 36-4A and 36-9, who in good faith renders, in this state, emergency care at the scene of the emergency, shall be liable for any civil damages as a result of any acts or omissions by such person rendering the emergency care.

S.D. Codified Laws § 20-9-4.  
Licensed medical practitioners rendering emergency care not deemed practicing medicine or nursing.

No physician, surgeon, osteopath, registered nurse or licensed practical nurse duly licensed to practice his profession in another state of the United States, who renders in this state emergency care at the scene of the emergency, shall be liable as specified in § 20-9-3, nor shall he be deemed to be practicing medicine or nursing within this state as contemplated by chapters 36-2, 36-4 and 36-9.

S.D. Codified Laws § 20-9-4.3.  
"AED" and "person" defined.

Terms used in §§ 20-9-4.3 to 20-9-4.8, inclusive, mean:
     (1) "AED," an automated external defibrillator;
     (2) "Person," a natural person, organization, corporation, partnership, limited partnership, joint venture, association, government entity, or any other legal or commercial entity.

S.D. Codified Laws § 20-9-4.4.  
Liability of person using or not using AED.

Any person, who in good faith obtains, uses, attempts to use, or chooses not to use an AED in providing emergency care or treatment, is immune from civil liability for any injury as a result of such emergency care or treatment or as a result of an act or failure to act in providing or arranging such medical treatment.

S.D. Codified Laws § 20-9-4.6.  
Immunity of person providing AED training.

Any person who provides AED training is immune from civil liability for any personal injury that occurs as a result of emergency care or treatment rendered using the AED or as a result of an act or failure to act in providing or arranging such medical treatment.

S.D. Codified Laws § 20-9-4.8.
Gross negligence or willful or wanton misconduct.

The immunity from civil liability under §§ 20-9-4.3 to 20-9-4.8, inclusive, does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering such emergency care.

S.D. Codified Laws § 20-9-4.9.
Applicability of AED provisions -- Immunity from liability for use of over-the-counter AED in providing emergency care.

The provisions of this chapter do not apply to an over-the-counter AED purchased without a written prescription. However, any person, who in good faith obtains an over-the-counter AED for use in providing emergency care or treatment or utilizes an over-the-counter AED, is immune from civil liability for any injury as a result of such emergency care or treatment or as a result of an act or failure to act in providing or arranging such emergency care or treatment. The immunity from civil liability pursuant to this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering such emergency care.

S.D. Codified Laws § 36-4A-26.3.  
Liability and immunity.

No physician assistant licensed in this state or licensed or authorized to practice in other states of the United States who voluntarily and gratuitously, and other than in the ordinary course of employment or practice, renders emergency medical assistance is liable for civil damages for any personal injuries which result from acts or omissions by those persons in rendering emergency care which constitute ordinary negligence. The immunity granted by this section does not apply to acts or omissions constituting willful, or wanton negligence or if the medical assistance is rendered at any hospital, physician's office, or other health care delivery entity where those services are normally rendered. No physician who supervises a physician assistant voluntarily and gratuitously providing emergency care as described in this section is liable for civil damages for any personal injuries which result from acts or omissions by the physician assistant rendering emergency care.