The Law Offices of Brian E. Quinn
  • Home
  • About The Firm
    • Sample Cases
    • Resources
  • Practice Areas
    • Professional License Defense
    • Criminal Defense
    • Family Law
    • Personal Injury
    • Social Security Disability
    • Workers’ Compensation
  • Testimonials
  • Blog
  • FAQs
  • Contact
Select Page

Q: Is there a doctor in the house? A: Gee, that depends…

On behalf of The Law Offices of Brian E. Quinn | Aug 6, 2015 | Medical Licensing

You are a licensed physician out to dinner with friends. A man at the next table collapses; one of his tablemates dials 911 on his cellphone, and another shouts for help. If you do nothing, is your medical license at risk?

States, including Pennsylvania, have made it easier for doctors and other medical professionals to help in emergencies without worrying about liability. These Good Samaritan Laws only shield medical professionals who act in good faith, though. A doctor who acts with gross negligence may be liable for damages if the patient suffers further harm, but a doctor who believes that immediate care is necessary — that the patient should not wait until the ambulance arrives — will not be liable.

In Pennsylvania, the Good Samaritan Law includes additional safeguards: The physician need not be licensed in the Commonwealth to avoid liability. The statute covers “[a]ny physician or any other practitioner of the healing arts or any registered nurse, licensed by any state.”

The legal question behind the law is about a physician’s duty of care. Generally, a physician only has a duty of care for someone he or she has a “special relationship” with. The doctor-patient relationship is what gives rise to the duty.

There is, however, a difference between a legal duty and an ethical duty. Statutes and court opinions define the legal duty. The profession defines the ethical duty — and both the American Medical Association and the state’s medical and nursing boards expect that medical professionals will act ethically.

For example, according to the AMA, physicians have an ethical obligation to provide urgent medical care during epidemics, natural disasters, terrorist attacks and other national, regional or local times of need. This obligation exists even in the face of great personal health and safety concerns.

But what are the consequences for a practitioner who, say, continues to eat his dinner in spite of a flood or wildfire or earthquake?

That’s a tough question. It should be noted, however, that the state medical board can suspend or revoke a medical license for unprofessional conduct, and unprofessional conduct includes an act that departs from an ethical standard of the profession. It’s something to think about.

Source: Purdon’s Pennsylvania Statutes and Consolidated Statutes, 42 PA CSA § 8331 and 63 PA CSA § 422.41, via WestlawNext

Recent Posts

  • What qualifies as insurance fraud?
  • Opioid dependency, diversion and your nursing license
  • Those with a suspended RN license still have employment options
  • Can you lose your Pennsylvania nursing license because of a DUI?
  • Must you report your conviction to the Medical Board?

Archives

  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • November 2019
  • October 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013

Categories

  • blog
  • Firm News
  • Injuries
  • Medical Licensing
  • OSHA

RSS Feed

Subscribe To This Blog’s Feed

FindLaw Network

Reach Out To Us For Representation

Get a confidential assessment of your case.

Law Offices of Brian E. Quinn Logo
Review Us

Toll Free Phone

866-657-7318

Local Phone

215-268-7241

Fax

215-557-0087

Address

1420 Walnut Street
Suite 1200
Philadelphia, PA 19102

Map & Directions

Social Media

  • Follow
  • Follow
United States Court of Appeals Third Circuit Logo
Pennsylvania Bar Association Logo
United States District Court District of Pennsylvania Logo
United States District Court District of New Jersey Logo
New Jersey State Bar Association Logo

© 2021 The Law Offices of Brian E. Quinn. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters