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I am not a doctor or a nurse, but can I help if I come upon an accident or emergency situation? Can I be sued if I do?
A: In Newfoundland and Labrador we have An Act to Protect Persons Rendering Aid Following An Accident or in an Emergency. (The Emergency Medical Aid Act for short).
This Act protects medical professionals and laypersons alike, absent gross negligence.
As a layperson, the main criterion for protection is that you render aid “in respect of a person who is ill, injured or unconscious as the result of an accident or other emergency”.
As long as you render the first aid emergency assistance voluntarily and at the immediate scene of the accident or emergency you will be protected from liability. This means you will not be held legally responsible and thus will not have to pay “for injuries to or the death of that person alleged to have been caused by an act or omission on [your] part in rendering the medical services or first aid assistance, unless it is established that the injury or death was caused by gross negligence on [your] part.” Gross negligence is hard to define, but could be constituted by very markedly incompetent assistance, or an accumulation of negligent acts. Courts will obviously be sympathetic to anyone who renders emergency assistance in good faith. One may wonder why this protection from suit is even thought to be necessary.
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Ches Crosbie Barristers
169 Water Street
St. John's, NL
A1C 1B1
Phone: (709) 579-4000
Fax: (709) 579-9671
Toll Free: (888) 579-3262
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Auto Accidents and Car Wrecks:
- Texting & Driving: Newfoundland Injury Lawyer Gives Insight
- Newfoundland & Labrador Accident Lawyer on Truck Accidents
- Newfoundland Auto Accident Lawyer on Uninsured Drivers
- Car Crash in St. John's Simulates Consequences of Drugs and Alcohol
- Why and When To Bring In the Experts
FAQs
Auto Accidents and Car Wrecks
Does it matter that I didn't see the doctor right after my car accident?
- Do I have to use my own health insurance for my auto accident injuries? I've been injury in a motor vehicle accident and my doctor has referred me for therapy. I have private health coverage through work and I have Accident Benefits Coverage on my auto policy. My auto insurer is telling me I have to use my own private health coverage to pay for therapy costs prior to accessing my Accident Benefits Coverage. Why?
- I was injured in a car accident and my insurance company is telling me I have to use my personal insurance (e.g. Desjardins, Blue Cross, Manulife) to pay for my massage therapy, physiotherapy and prescription drugs before I can use either the accident benefit coverage (Section B) on my automobile policy, or the insurance of the guy who hit me. Is this right?