Public Health Law Map - Beta 5 - Medical and Public Health Law Site

Conversely, if the physician is being compensated for the work, either with payment
or in kind, most Good Samaritan laws will not cover the physician’s actions. It is a
closer call whether physicians agreeing to provide volunteer care, such as at a Girl
Scout camp or a rock concert, are covered by Good Samaritan laws. This will depend
on the wording of the specific state law. Some laws stick to the limited definition of a
Good Samaritan as someone who volunteers at the scene of an accident or other
unexpected site where medical care is necessary. This would not include situations
where the physician explicitly assumed the duty to care for a group of people, even
for no pay. Physicians who plan on providing this type of care should check with
their medical malpractice insurers to be sure it is covered by their policy. Their
insurer should also be able to explain the provisions of the applicable Good
Samaritan law.
needs update
6. Emergency Care in the Office
Emergencies occur in every type of medical practice. The dermatologist may not
treat anaphylaxis as often as the emergency physician, but there is always the chance
that a patient will react to a drug. All physicians must consider the types of
emergencies that may arise in their practices and be prepared to deal with them.
Some minimum standards for all physicians are set by professional organizations and
hospital staff rules. Proficiency in basic life support at the level necessary to maintain
certification with the American Heart Association or the American Red Cross has
become such a common requirement for employment or staff privileges that it is
arguably a standard of care for all practicing physicians.
The same general standards of care apply for emergencies as for routine care in the
office or the hospital. Specialists are expected to work to the standards of their
specialty and to have general competence in other areas of medicine. This can be a
problem for subspecialists who were not trained as general practitioners before they
did their specialty training. The law assumes that there is a core body of medical
knowledge shared by all physicians. This includes the management of basic
emergency conditions such as heart attacks and the management of iatrogenic
complications of specialty practice, such as anaphylactic shock from a drug
administered in the physician’s office.
Physicians should have appropriate emergency equipment available where they
practice, with the specific equipment needed tailored to the practice and the patient
panel. For example, physicians who give injectable drugs should have all the
equipment necessary to treat anaphylaxis. If the physician does not treat anyone
under the age of 16, pediatric-sized airways are not necessary. If the physician does
not treat anyone over the age of 10, a kit full of 18-gauge needles and liter bottles of
fluid would not be appropriate. Physicians whose practices include older individuals
should have the equipment and training to deal with a myocardial infarction.
Although the physician may not cause the patient’s heart attack, heart attacks are an
expected occurrence in the patient group.
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