North Carolina’s Good Samaritan Law
North Carolina’s Good Samaritan Law grants immunity from civil liability to volunteers who provide emergency medical assistance. Under this law, you can’t be liable for any injuries you may cause or fail to prevent when giving good-faith medical aid in an emergency.
North Carolina requires drivers to pull over and render assistance after a car accident involving bodily injury. However, some people worry about potential liability if they accidentally cause an injury while trying to help. Good Samaritan laws allow respondents to follow the law without fearing future legal reprisal.
So, if you pull over and try to render aid after a car accident, you won’t be responsible if your assistance actually ends up hurting the injured victim or worsening their condition. Good Samaritan laws like this exist to protect benevolent people who find themselves stuck between their moral conscience and potential liability.
Specifically, the Good Samaritan Law in North Carolina applies when there is a medical emergency and the volunteer rendering aid judges it reasonably apparent that any delay in medical treatment would worsen the condition or result in death. These laws apply to emergency medical procedures (such as performing CPR) and specific types of medical equipment (like an external defibrillator).
If you have further questions about North Carolina’s Good Samaritan laws, the personal injury attorneys at The Law Offices of John Drew Warlick, P.A., can help.
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When Was the Good Samaritan Law Passed?
Good Samaritan laws in this country initially protected those with medical training. Today, they also encompass untrained rescuers at the scene of an emergency. The most common examples of Good Samaritan situations are after car accidents. However, these laws can apply in any type of accident that causes bodily injury, including slip and fall accidents, dog bites, and intentional violence.
North Carolina’s Good Samaritan law went into effect in October 2001. Since then, the North Carolina legislature has modified the law several times to extend liability protections to specific circumstances.
Does North Carolina’s Good Samaritan Law Apply to Only Accidents?
No, North Carolina’s Good Samaritan Law does not apply only to accidents. In 2013, the legislature extended limited liability protections to individuals who help those undergoing a drug-related overdose. Today, under state law, an individual acting in good faith who seeks medical assistance during an overdose emergency is immune from prosecution for specific misdemeanor and felony drug possession charges.
For example, if you contact emergency medical services for assistance with an opioid overdose, you will be protected from prosecution for opioid possession. Many people are hesitant to contact the authorities for a drug overdose as they may be afraid of being arrested. The point of these drug-related Good Samaritan protections is to reduce overdose deaths by removing penalties for reporting drug-related emergencies to authorities or administering aid.
However, this specific extension of North Carolina’s Good Samaritan Law does not provide responders with blanket immunity from criminal charges. Instead, it applies only to particular drug possession charges. Those who seek assistance may still face charges for other drug-related crimes, such as trafficking, depending on the circumstances.
What Does Gross Negligence or Intentional Wrongdoing Mean?
Importantly, North Carolina’s Good Samaritan Laws apply only to good-faith volunteer attempts to render assistance or medical aid. They do not apply to what the law describes as gross negligence or intentional wrongdoing.
In this context, gross negligence is negligent behavior that displays an egregious or wanton disregard for others’ safety. It is more serious than ordinary negligence but does not rise to intentional wrongdoing. A Samaritan may be grossly negligent when they attempt to perform a dangerous procedure far beyond their ability, but disregard the consequences anyway.
For instance, if a CPR-certified responder broke a rib performing chest compressions, they would likely be immune from civil liability. However, if that same responder performed a medical procedure for which they did not have the requisite training, such as setting a broken leg, they may be guilty of gross negligence if they caused injuries. What constitutes gross negligence highly depends on what one could expect a reasonable person to do in a similar emergency.
Intentional wrongdoing, on the other hand, covers willful or malicious acts. Intentional wrongdoing concerns actions where the performer knows there is a high risk of injury, yet performs the act anyway. In the context of a good Samaritan case, an example of intentional wrongdoing may include a paramedic refusing to administer care for discriminatory reasons. In these types of situations, intentional wrongdoing that causes physical harm may be considered assault or battery.
Does the Good Samaritan Law Also Protect Volunteer Healthcare or Medical Personnel?
Yes, North Carolina’s Good Samaritan Law applies to volunteer healthcare and medical personnel at the scene of an emergency. In this context, a volunteer is a person who willingly provides emergency first aid without expecting compensation. This definition of volunteer includes non-profit health center volunteers, community center volunteers, and volunteer rescue squads. If one expects compensation for their services, they may no longer count as volunteers under North Carolina law.
Contact a North Carolina Personal Injury Lawyer
Good Samaritan laws raise complex questions about negligence, duties of care, and liability that are hard to parse without the assistance of a personal injury attorney. If you have suffered an injury and are wondering whether Good Samaritan laws apply to your case, contact the attorneys at The Law Office of John Drew Warlick, P.A.
Our full-service firm has over three generations of attorneys dedicated to protecting the rights of the injured in North Carolina. We will use every available strategy to protect your rights. When it’s your money and well-being on the line, you want an attorney who won’t compromise and won’t settle for less.
Contact us online or call today to speak to a North Carolina personal injury attorney in a free consultation.
