If you are not familiar with the Good Samaritan Laws in Missouri, you are not alone. Many people are not aware that such laws exist to protect first responders from a personal injury lawsuit. However, not all mistakes made by first responders fall under the Good Samaritan Laws in Missouri. Several exceptions to these laws protect injured victims if a first responder makes a mistake while offering treatment in an emergency.
If you have sustained an injury because a first responder or healthcare professional made a mistake or error during emergency treatment, you may be entitled to pursue financial compensation for your injuries. For additional information regarding the full range of legal options available to you, contact the Louis medical malpractice lawyers at Finney Law Office, LLC at 314-646-0300.
What are Good Samaritan Laws in Missouri?
In an emergency, first responders must act quickly in order to save lives. They must make split-second decisions regarding the type of medical aid to provide to accident victims; however, first responders can make mistakes or errors when treating patients. To offer some protection to first responders who must act quickly to care for accident victims in an emergency, Missouri enacted Good Samaritan Laws. According to the laws, a Good Samaritan includes physicians, surgeons, registered or licensed nurses, a person trained to provide first aid, mental health professionals, chiropractors, nurse practitioners, and physician assistants.
If a first responder renders emergency treatment resulting in further injury to the person they are treating, the Good Samaritan Laws prevent the person from pursuing a lawsuit against the first responder. In other words, if a medical professional makes a mistake or error while offering emergency treatment, you may be prevented from seeking financial compensation for your injuries under these laws. However, there are important exceptions to the Good Samaritan Laws that we may be able to use in order to recover financial compensation for your injuries.
Exceptions to Good Samaritan Immunity
Normally, a first responder (i.e. the Good Samaritan) will have immunity from lawsuits filed by a person who they have injured while trying to provide medical assistance. According to the Good Samaritan Law, a medical provider can render emergency care or assistance and “shall not be liable for any civil damages for acts or omissions.” However, the law does provide exceptions whereby the medical provider can be held liable for civil damages.
If the injury caused by the medical provider falls within the narrow exceptions to the law, the injured party may seek financial compensation for their damages from the medical provider.
- A person may be able to pursue a lawsuit for damages sustained due to injuries caused by the errors or mistakes of a medical provider during an emergency if:
- The medical provider was grossly negligent;
- The error or mistake made by the medical provider was intentional;
- The medical provider charged a fee for his or her services; or,
- The error or mistake made by the medical provider occurred in an emergency room and not at the scene of the emergency.
- The exceptions to the Good Samaritan Laws allow us to pursue the negligent party for financial compensation for your injuries. If you have been injured due to the medical treatment provided in an emergency, our team of legal professionals thoroughly investigates the circumstances and facts surrounding the injury to determine if your case falls within one of the above exceptions.
- You may be entitled to receive compensation for damages including, but not limited to:
- Past and future lost wages
- Past and future medical bills
- Loss of earning capacity
- Funeral expenses (in the case of a fatality)
- Compensation for physical pain
- Compensation for emotional suffering
Contact Us for More Information about the Good Samaritan Laws in Missouri
If your injuries were caused by a first responder’s dangerous negligence, you may be entitled to receive financial compensation for your damages. To discuss your options in further detail with an experienced legal advisor, contact the St. Louis medical malpractice attorneys at Finney Law Office, LLC at 314-646-0300