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Emergency Law Inventory | Full Law Text

Law Number

La. R.S. 37:1731(A)(1)

Summary Title

Good Samaritan Law: Physician, Physician Assistant, or Nurse

Summary

A licensed physician, physician assistant, or nurse who, in good faith and voluntarily, provides or arranges emergency care at the scene of an emergency, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment.

Full Title

Gratuitous service at scene of emergency; emergency care at hospitals; limitation of liability

Full Text

A. (1) A physician, surgeon, or physician assistant licensed under the provisions of Chapter 15 of this Title, his professional medical corporation chartered under the provisions of R.S. 12:901 et seq., or his limited liability company, or a nurse licensed under the provisions of Chapter 11 of this Title who in good faith gratuitously renders emergency care or services at the scene of an emergency, to a person in need thereof shall not be liable for any civil damages as a result of any act or omission in rendering such care or services or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the person involved in said emergency, unless the damage or injury was caused by willful or wanton misconduct or gross negligence.