By Nathan Baca
News Channel 3
Being a "Good Samaritan" can now land you a lawsuit.
A recent decision by the California Supreme Court seems to say so.
This decision makes would-be rescuers legally responsible for any accidental injuries they cause.
It states the California legislature intended for the law to legally protect any person rendering emergency medical care. That would appear to cover CPR and the Heimlich maneuver for example. But if somebody is injured by a bystander pulling somebody out of a pool or a burning car, the rescuer could be legally responsible for injuries.
That has Rancho Mirage Doctor Max Weil and State Senator John Benoit upset.
"If this is allowed to survive, then we're essentially precluded from convincing laypeople, bystanders, to intervene. I spoke about that little girl who died along the side of the road in Desert Hot Springs on the way to school. Nobody intervened. She bled to death." said Dr. Weil referring to Carissa Nwene. The 13 year old was struck by a hit and run driver in November 2007. Desert Hot Springs Police Chief Patrick Williams expressed shock that nobody driving past stopped to help the girl.
This all started from a 2004 case when somebody pulled a driver out of a crashed car. In the rescue attempt - the driver was injured and ultimately became a paraplegic. Now the driver is suing the rescuer.
State Senator Benoit replied, "I'm hoping that we can reverse this bad decision as quickly as possible. It appears the court has hung itself on some very technical language."
Dr. Weil added, "We had 26 drownings in this county last year. Mainly toddlers between the age of 1 and 3. Are we to discourage a bystander from jumping into the pool and pull a child out?"
Doctor Weil has teamed up with State Senator Benoit to push the "Good Samaritan Protection Act."
Benoit added, "In fact, in legislative council already, we're having lawyers look at the language and draft amendments to the health and safety code 1799 to clarify these issues and hopefully clarify for all Californians that it's OK to stop and you can render aid without fear of being sued."
