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Immunity or Liability for Emergency Medical Services?

Many Baltimore personal injury cases consist of allegations that a health care provide deviated from the applicable standard of conduct, and that deviation caused injury to the patient. However that most professional health care providers are immune from civil liability for the negligent provision of medical care if

  • they were not grossly negligent
  • the medical care was free
  •  the care was provided at the scene of an emergency [ e.g. at a Baltimore car accident] or in route to the hospital.

These provisions are sometimes referred to as 'Good Samaritan" laws. Maryland has enacted and analogous provision granting immunity from prosecution for certain drug crimes for those voluntarily assisting those believed to be experiencing a drug overdose. A layperson is also immune from civil liability for the negligent provision of assistance if they acted quickly, were not compensated, and relinquished care of the injured person promptly to a health care professional.

    -This Article was updated by Eric Kirk on 6/11/19. 

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Eric T Kirk

After graduating with honors from Albany Law School in New York, Eric Kirk has spent most of his 25 year legal career battling insurance companies to secure fair and just compensation for his clients in Maryland, New York, and Florida.