Complexity of Good Samaritan Laws for Health Professionals

Abstract

Health professionals frequently voice concern about the consequences of rendering assistance in an emergency and if their aid was to cause further harm, would they be liable; even though there has not been any Australian case law to endorse their concern. In Australia the common law places none under a legal obligation to render assistance, but if you do assist then you have a duty to care, an exemption to this is the Good Samaritan Doctrine. Australian Governments as a consequence of the professional indemnity insurance crises of 2002-2003 made legislative amendment to protect the health professional from liability when acting as a Good Samaritan. The legislation protecting the Good Samaritan, now creates greater ambiguity and complexity. With the legislative amendments in place the courts would need to determine if the Good Samaritan had breach the legislation. Good Samaritan legislation in Australia is not unified despite recommendations that the legislation was not needed and that if it was legislated it should be unified. The legislation that could have been adopted by the Australia Governments could have adopted legislation similar to that used in France and Germany were all persons are under a legal obligation to use all reasonable means to render assistance and that they are protect from liability. This legislation could be known as the Good Australian legislation encouraging the reluctant person to render assistance providing reasonable means in emergency and protecting their action from liability.