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Emergency Law Inventory | Full Law Text

Law Number

ORS 30.805

Summary Title

Liability: Emergency Medical Assistance by Government Personnel

Summary

A government official, who, in good faith, provides emergency medical assistance within the scope of their official duties and at a place where emergency medical care is not regularly available, will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness or intent to cause harm or if the medical care was provided despite being refused.

Full Title

Liability for emergency medical assistance by government personnel

Full Text

(1) No person may maintain an action for damages for injury, death or loss that results from acts or omissions in rendering emergency medical assistance unless it is alleged and proved by the complaining party that the acts or omissions violate the standards of reasonable care under the circumstances in which the emergency medical assistance was rendered, if the action is against: (a) The staff person of a governmental agency or other entity if the staff person and the agency or entity are authorized within the scope of their official duties or licenses to provide emergency medical care; or (b) A governmental agency or other entity that employs, trains, supervises or sponsors the staff person. (2) As used in this section, “emergency medical care” means medical care to an injured or ill person who is in need of immediate medical care: (a) Under emergency circumstances that suggest that the giving of assistance is the only alternative to serious physical aftereffects or death; (b) In a place where emergency medical care is not regularly available; (c) In the absence of a personal refusal of such medical care by the injured or ill person or the responsible relative of such person; and (d) Which may include medical care provided through means of radio or telecommunication by a medically trained person, who practices in a hospital as defined in ORS 442.015 and licensed under ORS 441.015 to 441.087, and who is not at the location of the injured or ill person.