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VOLUNTEER PROTECTION LAW
This act shall be known and cited as the "Good Samaritan Act."
(2)(a)
Any person, including those licensed to practice medicine, who gratuitously and
in good faith renders emergency care or treatment either in direct response to
emergency situations related to and arising out of a public health emergency
declared pursuant to s. 381.00315, a state of emergency which has been declared
pursuant to s. 252.36 or at the scene of an emergency outside of a hospital,
doctor's office, or other place having proper medical equipment, without
objection of the injured victim or victims thereof, 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 where
the person acts as an ordinary reasonably prudent person would have acted under
the same or similar circumstances. (b)1.
Any hospital licensed under chapter 395, any employee of such hospital working
in a clinical area within the facility and providing patient care, and any
person licensed to practice medicine who in good faith renders medical care or
treatment necessitated by a sudden, unexpected situation or occurrence resulting
in a serious medical condition demanding immediate medical attention, for which
the patient enters the hospital through its emergency room or trauma center, or
necessitated by a public health emergency declared pursuant to s. 381.00315
shall not be held liable for any civil damages as a result of such medical care
or treatment unless such damages result from providing, or failing to provide,
medical care or treatment under circumstances demonstrating a reckless disregard
for the consequences so as to affect the life or health of another.
2. The
immunity provided by this paragraph does not apply to damages as a result of any
act or omission of providing medical care or treatment: a.
Which occurs after the patient is stabilized and is capable of receiving medical
treatment as a nonemergency patient, unless surgery is required as a result of
the emergency within a reasonable time after the patient is stabilized, in which
case the immunity provided by this paragraph applies to any act or omission of
providing medical care or treatment which occurs prior to the stabilization of
the patient following the surgery; or b.
Unrelated to the original medical emergency. 3. For
purposes of this paragraph, "reckless disregard" as it applies to a given health
care provider rendering emergency medical services shall be such conduct which a
health care provider knew or should have known, at the time such services were
rendered, would be likely to result in injury so as to affect the life or health
of another, taking into account the following to the extent they may be present;
a. The
extent or serious nature of the circumstances prevailing. b. The
lack of time or ability to obtain appropriate consultation.
c. The
lack of a prior patient-physician relationship. d. The
inability to obtain an appropriate medical history of the patient.
e. The
time constraints imposed by coexisting emergencies. 4. Every emergency care facility granted immunity under this paragraph shall accept and treat all emergency care patients within the operational capacity of such facility without regard to ability to pay, including patients transferred from another emergency care facility or other health care provider pursuant to Pub. L. No. 99-272, s. 9121. The failure of an emergency care facility to comply with this subparagraph constitutes grounds for the department to initiate disciplinary action against the facility pursuant to chapter 395. (c)
Any person who is licensed to practice medicine, while acting as a staff member
or with professional clinical privileges at a nonprofit medical facility, other
than a hospital licensed under chapter 395, or while performing health screening
services, shall not be held liable for any civil damages as a result of care or
treatment provided gratuitously in such capacity as a result of any act or
failure to act in such capacity in providing or arranging further medical
treatment, if such person acts as a reasonably prudent person licensed to
practice medicine would have acted under the same or similar circumstances.
(3)
Any person, including those licensed to practice veterinary medicine, who
gratuitously and in good faith renders emergency care or treatment to an injured
animal at the scene of an emergency on or adjacent to a roadway 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 where the person acts as an ordinary reasonably prudent person would
have acted under the same or similar circumstances. |