766.13 The following information describes the immunity of civil liability and the Good Samaritan Act for the state of Florida only: Applies to Florida only
(1) “Good Samaritan Act” is what the following information is known as.
(2)(a) During any public health emergency pursuant to s.381.00315, state of emergency as mentioned in s.252.36, in direct response to an injury suffered by a victim, any person, including those who are licensed and practice medicine, that come to the aid during an emergency whether outside of at a hospital, physician’s office, or other facility, that comes to their assistance out of gratuitously and in good faith with providing them with treatment and care, cannot be held legally liable for failing to refer the victim to additional medical treatment that another reasonable person would have under that situation or for any damages coming from the treatment that was provided to the victim.
(b)1. Any person licensed under chapter 395, who provides emergency services including any hospital or health care provider, that follows the obligations imposed by 42 U.S.C, s. 395.1041, s. 1395dd, s. 401.45 or s. 395.401, cannot be held legally liable for damages obtained due to the emergency services provided unless the damages that were obtained were due to failing to provide or providing the medical treatment in a reckless and malicious manner.
- This following paragraph provides immunity for damages of any omission or act of giving medical treatment or care, including diagnosis:
- Prior to the patient being able to receive medical treatment and become stabilized as a nonemergency patient, the injury surges, unless surgery is required during reasonable time after the patient was stabilized due to that emergency, in which case, any omission or act that occurs after the patient was stabilized after their operation would have immunity applied to it.
- In relation to the initial medical emergency.
- An act that is committed in such a way that the provider of health care services knew or should have known was reckless at the time and that such actions established an unnecessary risk to the patient that could cause them an injury and affect their overall life, and that the risk of injury surging from a medical negligence does not compare to the risk coming from the conduct committed by the health care provider, is referred to as “Reckless disregard”.
4.Immunity that has been granted under this paragraph shall be provided to every emergency care facility that provides treatments to emergency care patients within the facility’s operational capacity. Providing such services must be done without considering whether the patient is able to pay for such services, including patients who have been relocated from another medical facility about Pub. L. No. 99-272, s. 9121. Pursuant to chapter 395, if the facility providing the emergency services fails to abide by the laws specified in this subsection, then, the department can initiate a disciplinary action the facility.
(c )1. As defined in s.456.001(4), any medical professional that is attending to a patient while in a hospital of her or his practice or for personal or business reasons that are unrelated to the direct care of the patient, and who voluntarily provides the patient with treatment or care and whom at the time did not have doctor-patient relationship established, and when the care or treatment provided was needed due to an unexpected and sudden situation or due to a medical occurrence that demands immediate attention, cannot legally accountable for any damages that the patient endured during that care or treatment provided, unless if the treatment or care provided is proven to have been intentional and would have likely resulted in the injury and suffering of the patient.
- Any act or omission of an act in providing medical care or treatment in is unrelated to the initial incident requiring the medical treatment and takes place thereof, shall not be granted the immunity stated in this paragraph.
- The main objective of the Legislature is to make the health care professionals feel at ease without fearing that they may be sued which would encourage them to provide the necessary emergency care that is needed for their patients, as described in this paragraph.
(d) Liability for treatment, care, or services provided in gratuitously manner by anyone who is not covered under this section, would not fall on them whether they act or omit to act during an emergency situation and to provide the individual with additional treatment, care, or services whom is either connected to or directed by a community emergency response team, the Federal Emergency Management Agency, local emergency management agencies, or the Division of Emergency Management, if that person acted with care and prudence like another person would have reasonably done given the circumstance.
(3) Liability for treatment, care, or services provided to an injured animal in gratuitously manner by anyone, including someone licensed to practice veterinary medicine, would not fall on them whether they act or omit to act during an emergency and to provide the individual with additional treatment, care, or services if that person acted with care and prudence like another person would have reasonably done given the circumstance
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Florida Statutes Index
- Malpractice Cases: Attributed Fault, Known as Comparative
- Speedy Trials for Elderly
- Defenses and Claims in Pre-suit
- Definitions Involved with Pre-suit
- Medical Records in Pre-suit
- Award Payment in Pre-suit
- Medical Malpractice: Pleading Requirements
- Legislative Intent in Pre-Suit
- Health Care Facilities: Their Liability
- Failure to Arbitrate in Pre-suit
- Collateral Sources
- Investigation in Pre-suit
- Court Review in Pre-suit
- Misarbitration in Pre-suit
- Arbitration in Pre-suit
- Arbitration Allocation of Damages in Pre-suit
- Financial Responsibility
- Limitations on Punitive Damages
- Notice for Pre-suit Screening
- Wrongful Death Act in Florida
- Rights of Residents in Nursing Homes
- Sovereign Immunity: Elements Involved