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msar-riders - Re: [MSAR] The GOOD SAMARITAIN LAW

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  • From: "IRVIN LICHTENSTEIN" <ilichten1@verizon.net>
  • To: "'Mounted search and rescue'" <msar-riders@lists.ibiblio.org>
  • Subject: Re: [MSAR] The GOOD SAMARITAIN LAW
  • Date: Fri, 28 Jul 2006 17:55:11 -0400

Do you have a copy of this Samaritan Act?
Pennsylvania has several and they all are defenses against civil complaint,
not absolute protection. For instance doctors who take blood samples after
an accident under orders from a peace officer are protected, first aiders
who do what they are trained to do and no more are protected, and so on.
The PA Equine Liability Limitations Act says if the participant knowingly
accepted the risk the horse owner has a defense, but any injured party can
sue. The other problem is expectations. An off duty paramedic without his
full busload of stuff may be expected to work the same miracles that he
would with his stuff. To emphasize this PA requires doctors and nurses
riding ambulances to have a special training course in field medicine. But
as a bystander coming onto a scene they are covered by the Samaritan Acts.

The point of a Good Samaritan Law is that an unpaid person who does what
they know how to do and no more in the manner they were trained to do it can
offer those facts and seek summary dismissal of a law suit for malpractice.
It does not mean you do not have to respond to the action and show up in
court.

Irv Lichtenstein





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