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Q:A physician picked up a car accident victim from the street and brought him to the ER in his car. He did not want to wait for an ambulance because the patient™s condition was critical. Physical examination in the ER reveals quadriplegia. Is the physician liable for this consequence? (Very Important)
Answer: YES, because the physician did not protect the neck of the patient resulting in quadriplegia.
Can anybody explain at what circumstance, the physician is not liable for the consequence because it is not necessary for this physician to bring this patient to ER?
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u r not req to stop if u dont wan,t but once u stop at the scene you must do every thing to protect the pt
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Good Samaritan Laws limit liability in nonmedical settings. (1) not required to stop to help. (2) If help offered, shielded from liablity provided: a. actions are within physician's competence; (b) only accepted procedures are perfomred.;c. Physician remain at scene after starting therapy until relieved by competent personnel; d. No cmpensation changes hands.
Does this law work here?
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Is the physician still liable to the consequence in the question?
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It coudl be considered as a liability since the doctor didn't wait for the ambulance (a common accepted procedure for transportation in the USA) the physician would be liable just and only if his medical procedures with the patient were different from the medical standars in this region. According to the good samaritan act you should handle everything with "accepted procedures".
I'm not a 100% sure but it is hte only one GAP that I see in this question
