The “Good Samaritan” law in Louisiana was enacted to protect a passerby rendering aid to a stranger from incurring liability and criminal charges in case of a bad outcome. No individual gratuitously providing first aid or rescue in good faith to an injured person, including transfer to a location with medical services, is liable for civil damages (Dudley DeBosier, 2021). Furthermore, this law extends to physicians gratuitously acting outside of medical facilities, even if they are not licensed in the state of Louisiana (Dudley DeBosier, 2021). A passerby can be sued for additional injuries or damages only if their actions can be proven to have been grossly negligent. The Louisiana “Good Samaritan” law encourages citizens to help each other if the police and emergency service are unavailable or too far away.
Bill has a heart attack in the provided scenario, and his colleague, Stan, takes him to the hospital and leaves immediately. Stan cannot be sued because, under the “Good Samaritan” law, he was not legally responsible for calling Bill’s family or making further hospital arrangements. He saw a colleague in a state of medical emergency and gratuitously transferred him a to hospital in good faith. Stan is thus protected under the Louisiana law and is not liable for later events or any additional injuries because he was acting as a passerby. However, the same protection does not apply to Sally, the nurse attending Bill. She is a registered professional providing service inside a medical facility and will be held to the standard of her nursing license and employment contract. Sally is legally responsible for assessing and advocating for Bill, recording his medical history, and administering treatment. The “Good Samaritan” law only covers help given gratuitously by a passerby, not professional business relationships such as between a nurse and a patient.
References
Dudley DeBosier. (2021). Does Louisiana Have a Good Samaritan Law? Web.