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. As Attorney Eric T. Kirk will tell you. 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.
I offer a free case analysis, evaluation and strategy planning meeting to my clients. Contact me today to schedule a session. 410 591 2835.
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A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial in Maryland, New York and Florida, recovering millions over a 30-year mission to obtain denied compensation for his clients.