Many states have passed Good Samaritan Laws to encourage bystanders with medical training who witness medical emergencies to intervene to the best of their ability to help the victim. Missouri does have a Good Samaritan Law that applies to specific medical providers.
Missouri’s Good Samaritan Law
Sections 537.037 of the Missouri Statutes establishes the “Good Samaritan Law” in the state of Missouri. This legislation states that if a medical professional, such as a doctor, nurse, or other medical technician provides any kind of medical treatment or aid in an emergency situation or accident outside of an established health care setting, they may not be held liable with regard to the medical care they provide. If a health care provider fails to act appropriately or omits some specific portion of medical care, he or she cannot be held liable for any civil damages that may result from an attempt at emergency care of a victim. Additionally, no compensation can be provided for any medical assistance given to a victim.
However, it is important to note that if a medical professional or other person acts with gross negligence or commits any willful or wanton acts or omissions as he or she provides medical care at the scene of an accident, that person may still be held liable for any personal injury or damages that result.
Medical Care For Minors
If a minor is involved in an accident, such as in competitive sports, car accidents or another incident, a first responder who has medical training is relieved from the responsibility of first consulting with a parent or guardian for consent.
When a Good Samaritan is Liable
However, it is important to note that if a medical professional acts with gross negligence or commits any willful or wanton acts or omissions, he or she may still be held liable for any personal injury or damages. This standard of gross negligence or willful or wanton acts or omissions will also apply for any medical treatment given to a minor.
Persons Trained in First Aid
If a person is trained in first aid but is not an official medical professional, he or she may also attempt to provide medical assistance to someone in an emergency in the area in which he or she has been trained. Again, the helper will also not be held liable for any damages that result from an attempt to provide help at the scene of an accident or emergency.
Mental Health Professionals
If a mental health professional or a substance abuse counselor attempts to render any type of suicide prevention intervention at the scene of an accident or other threatened suicide, he or she shall not be liable for any civil damages as a result of attempts to help the suicidal person.
Contact an Experienced Personal Injury Attorney
If you were in an accident and suffered any type of injuries or damages, contact our legal team at Griggs Injury Law at (816) 474-0202 to help you with your next steps and for your free consultation today.
