An off duty EMS provider, whether career or volunteer is generally covered by Good Samaritan Laws in most of the US. The law does not prevent anyone from being sued, but unless there is merit to the lawsuit, the suit it generally dismissed or found in favor of the defendant. Even an on duty EMS provider is generally covered by Good Samaritan Laws, since they are not receiving direct compensation, i.e. “fee for service”. This would still be true in jurisdictions where the EMS service charges for their services, since again the EMS provider is not receiving direct “fee for service” compensation.

There are several legal obligations that an EMS provider must abide by, to be covered by Good Samaritan Laws.

1st: There must be a “duty to perform”, most states require certified or licensed EMS providers to act whether they are no duty or not. To fail to stop and render aid, if it was found out that the EMS provider did not render aid, could be grounds for legal and possibly criminal litigation. On the other side of the equation, a medical procedure (i.e. emergency C-section) that is beyond the scope of the EMS provider’s training insulates the provider from a “duty to perform”.

2nd: The provider cannot cause harm through causative action or inaction. An EMS provider, who causes injury or harm through their action or inaction, can be held responsible. Basically – “Do No Harm”

3rd:They must provide the “Standard of Care” to which their level of training dictates. Generally, each level of EMS provider is responsible for the care provided at their current level of training as well as those below. An on scene paramedic is not only responsible for ALS care, but ensuring all BLS care is appropriate and compliant with the “Standard of Care”.

There are a number of other factors that need to be considered as well as the above, when determining whether an EMS provider is covered by Good Samaritan Laws. Some of the hard fast “laws/conditions” may be softened in times of catastrophe or a Mass Casualty Incident (MCI).

Pete