“Good Samaritan Immunity”

Published .

The general concept

Good Samaritan laws encourage people to give reasonable emergency help without fear that every mistake will lead to a lawsuit. The protection is conditional. It usually does not excuse grossly negligent conduct, and different statutory provisions apply to different kinds of helpers and emergencies.

How Maryland applies it

Maryland Courts and Judicial Proceedings § 5-603 protects specified medical professionals, trained emergency responders, and certain organizations for qualifying unpaid assistance, when the conduct is not grossly negligent and the aid is provided at an emergency scene, in transit, or through communications with emergency personnel. A separate provision protects an individual who is not otherwise covered when the person provides unpaid aid at the emergency scene in a reasonably prudent manner and transfers care when qualified help becomes available. The statute also addresses naloxone administration. Other laws may protect particular responders or volunteers, so the person’s role, the type and location of aid, compensation, conduct, and applicable statute all matter.

Related Maryland Cases and Authorities

Md. Code, Courts & Judicial Proceedings § 5-603; Md. Code, Health–General § 13-3108 (opioid overdose reversal medication).

Contact The Belsky Law Firm