The Parable of the Good Samaritan

The parable of the Good Samaritan comes to us from Luke 10:30-37. In the parable, a man was going along the way and suddenly found himself in great dismay He was robbed, beaten and left for dead. A priest happened to go down the street and saw the man whom the robbers did beat, but he passed him by on the other side. A Levite also did the same. Finally, a Samaritan saw & took pity on the man. The Samaritan bandaged his wounds, took him to an inn and then the next day paid the innkeeper to care for the man until recovered. The term Samaritan was used to describe residents of "Samaria" an ancient city and country that during this time was the capital of the Kingdom of Israel.

Referring to someone as a "Good Samaritan" during this time period would be like calling someone a "Good American". Maybe that's why we refer to the past as the good old days as words meant what they meant. Today if you hear the term "Good Samaritan" a number of different definitions and images come to mind. Legally defining this subject matter is equally daunting task with many of our states creating their own definitions. While many countries do have laws that require citizens to stop and provide aid, in America we have no such requirements. There are some states that do consider it an act of negligence if a person doesn't at least call 911 for help. So are you a Good Samaritan? According to law enforcement agency reports, less than 10% of our citizens actually do stop to lend a hand to someone in need. Not a very good showing if you ask me.

Generally speaking, a Good Samaritan in legal terms refers to someone who voluntarily provides aid in an emergency to ill or injured people. Volunteer "Good Samaritans" who do provide aid are expected to be reasonably careful providing care that is in the best interests of the injured or ill person. We will spend some more time on this in a bit.

Good Samaritan laws which grant immunity from civil liability, vary from state to state. Generally speaking, Provisions of Good Samaritan Laws include the following three criteria.

1. Aid must be given as a result of emergency (illness or injury).
2. Must not give aid for payment or expect payment which includes rewards.
3. Emergency care must not be given in grossly negligent way or meant to harm the victim. Care must be given in good faith.

Ok, if you are still with me you are probably wondering what would be considered grossly negligent.

Gross Negligence: People who give aid to others must be prudent in their care offered. For example, lets assume that you are in a restaurant and notice a man choking and have been trained in CPR & First Aid, you may offer to provide aid via a Heimlich maneuver or a few hard taps on the back. Should the victim agree, your actions would be considered prudent care as long as you provided the aid as you have been trained. Now let's say that you saw this episode of MacGyver on the television where the mighty Mac uses a pen knife & straw to perform an emergency tracheotomy. If you try to provide aid the MacGyver way, you now are providing care above and beyond your training which would most likely be considered grossly negligent.

So what does this really mean to you? It means that the more relevant training & certifications you hold, the more aid you can provide to victims and enjoy protection under Good Samaritan Laws. One question to ask yourself, are your training & certifications current? It does matter.

To better understand Good Samaritan Laws, there are a few key terms & concepts that you should know. To start with, what happens when you arrive at the scene of an accident? Let's face it, some of us are a bit scary looking. If your victim is an 88 year old woman, she may be a bit nervous about you cutting off her pants to expose an open femur fracture. Prior to providing any aid you must first obtain Consent..

Consent: You need to first obtain permission of conscious injured persons to give first aid. Respect their wishes if they refuse. When you happen on an injured victim, always state your name and any relevant training you have. Then inquire if you can assist them. Example, "I'm John, I am a Rescue Rider and have been trained to provide first aid in situations like these by completing basic & advanced Accident Scene Management courses. Would you like me to help you?"

If they reject your aid and you believe potential the victim's life may be in danger explain this to them. If they still reject, call 911 and inform them of the situation. Do not provide aid unless the victim either provides consent or their status changes (unconscious). For those who are unconscious or unable to give consent (like an infant), it's considered "implied consent" if you assist by giving first aid or CPR. Guess what can happen if you don't obtain consent and still provide aid? You can be charged with Assault or Battery.

Assault or Battery: Victims who do not fall under implied consent must still consent to care for the rescuer to be considered a Good Samaritan.

Ok, now you have been given consent, are trained to provide aid and are doing so in a reasonable manner, what's next? Let's say the victims friends arrive on scene while you are providing CPR. They tell you that they can take over and stay with their friend until the ambulance arrives. Don't get caught in this situation. In order to leave a victim after you have started to provide aid, you will need to hand off care to someone who has at least the same level of training you do. Failing to do this can be considered Abandonment.

Abandonment: In most areas, once you initiate care you still need to hand off to the same or higher level of care. In some rural areas, this may mean a ride to the hospital.

Many of our volunteers are medical professionals. As licensed health care providers, we have to comply with regulations which state what type of care we can provide. This is called Scope of Practice. I mention this as you may or may not be a licensed health care professional but you should understand this concept and what it means to you.

Scope of Practice: Skills that licensed healthcare providers are trained to do. Scope of practice is defined by the government that issues the license, usually a state. Every healthcare provider has a scope of practice, except physicians. Physicians have the ability to develop new skills as necessary. The reason this concept is important to all Good Samaritans is it defines what you can & cannot do. As an unlicensed Good Samaritan, to be protected from civil liability, you need to provide prudent care. Prudent care for health care professionals is based upon their level of training amongst other things. This concept should apply to you. To give prudent care, only provide aid in a manner that is consistent with the training you have completed.

By following these simple rules, you should be protected from civil liability under your Good Samaritan Laws. I suggest you take a moment to read the individual Good Samaritan laws of your state. I hope this article has helped you better understand Good Samaritan laws and stress the importance of continuing to train or complete refresher courses.

Well, that's it for this month. When I am not sharing my wisdom with you via my editorials or volunteering for the Rescue Rider program, I run an insurance agency West of Chicago. I enjoy working with fellow bikers helping you protect what matters most. If I can help you please drop me a note at deanakey@allstate.com or give me a call at 877-232-9899. I would love to hear from you. Until next month, enjoy the ride.