Originally Posted by jdavis
Good Samaritan laws in the United States are laws or acts protecting from liability those who choose to aid others who are injured or ill. They are intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death. Similarly, in Canada, a Good Samaritan doctrine is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for 'wrongdoing'. Its purpose is to keep people from being so reluctant to help a stranger in need for fear of legal repercussions if they made some mistake in treatment.[1] Good Samaritan laws vary from jurisdiction to jurisdiction, as will their interactions with various other legal principles such as consent, parental rights, and the right to refuse treatment. Such laws generally do not apply to medical professionals' or career emergency responders' on-the-job conduct, but some extend protection to professional rescuers when they are acting in a volunteer capacity.
The principles contained in Good Samaritan laws more typically operate in countries in which the foundation of the legal system is English Common Law, such as Australia[2]. In many countries which use civil law as the foundation for their legal systems, the same legal effect is more typically achieved using a principle of duty to rescue.
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In Canada, Good Samaritan Acts are a provincial power. Each province has its own act, such as Ontario[16] and British Columbia's[17] respective Good Samaritan Acts; Alberta's Emergency Medical Aid Act; [18] and Nova Scotia's Volunteer Services Act[19] Only in Quebec, a civil law jurisdiction, does a person have a general duty to respond if he is first-aid or medically certified.[20] In British Columbia persons have a duty to respond only where a child is endangered.
An example of a typical Canadian law is provided here, from Ontario's Good Samaritan Act, 2001, section 2:
Protection from liability 2. (1) Despite the rules of common law, a person described in subsection (2) who voluntarily and without reasonable expectation of compensation or reward provides the services described in that subsection is not liable for damages that result from the person's negligence in acting or failing to act while providing the services, unless it is established that the damages were caused by the gross negligence of the person. 2001, c. 2, s. 2 (1).[21]
Paramedics in Ontario perform what is referred to as an Aid to Capacity Evaluation in the event that treatment and/or transport to a medical facility is refused. The evaluation also includes an indication to whom the assessment refers if not the patient (e.g.: parent, or substitute decision maker). The patient or substitute is requested to verbalize/communicate understanding of clinical situation, appreciation of applicable risks, ability to make an alternative plan for care and a responsible adult on scene. Any negative response to the above would suggest incapacity and necessary intervention would occur. Finally, paramedics request a signature for refusal of service: "I have been advised that I should have treatment and that treatment is available immediately, I refuse such treatment and transportation to hospital having been informed of the risks involved. I assume full responsibility arising out of such refusal.
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