Benefits of Good Samaritan

Law Benefits

• A bystander or good Samaritan including an eyewitness of a road accident may take an injured person to the nearest hospital and the bystander or good Samaritan should be allowed to leave immediately except after furnishing address by the eyewitness only and no question shall be asked to such bystander or good Samaritan.
• The bystander or good Samaritan shall be suitably rewarded or compensated to encourage other citizens to come forward to help the road accident victims by the authorities in the manner as may be specified by the State Governments.
• The bystander or good Samaritan shall not be liable for any civil and criminal liability. A bystander or good Samaritan, who makes a phone call to inform the police or emergency services for the person lying injured on the road, shall not be compelled to reveal his name and personal details on the phone or in person.
• The disclosure of personal information, such as name and contact details of the good Samaritan shall be made voluntary and optional including in the Medico-Legal Case (MLC) Form provided by hospitals.
• The disciplinary or departmental action shall be initiated by the Government concerned against public officials who coerce or intimidate a bystander or good Samaritan for revealing his name or personal details.
• In case a bystander or good Samaritan, who has voluntarily stated that he is also an eye-witness to the accident and is required to be examined for the purposes of investigation by the police or during the trial, such bystander or good Samaritan shall be examined on a single occasion and the State Government shall develop standard operating procedures to ensure that bystander or good Samaritan is not harassed or intimidated.
• The methods of examination may either be by way of a commission under section 284, of the Code of Criminal Procedure 1973 or formally on affidavit as per section 296, of the said Code and Standard Operating Procedures shall be developed within a period of thirty days from the date when this notification is issued.
• Video conferencing may be used extensively during the examination of a bystander or good Samaritan who are eyewitnesses in order to prevent harassment and inconvenience to good Samaritans.
• The Ministry of Health and Family Welfare shall issue guidelines stating that all registered public and private hospitals are not to detain bystander or good Samaritan or demand payment for registration and admission costs, unless the good Samaritan is a family member or relative of the injured and the injured is to be treated immediately in pursuance of the order of the Hon’ble Supreme Court in Pt. Parmanand Katara vs Union of India & Ors [1989] 4 SCC 286.
• Lack of response by a doctor in an emergency situation pertaining to road accidents, where he is expected to provide care, shall constitute “Professional Misconduct”, under Chapter 7 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002 and disciplinary action shall be taken against such doctor under Chapter 8 of the said Regulations.
• All hospitals shall publish a charter in Hindi, English and the vernacular language of the State or Union 4 THE GAZETTE OF INDIA: EXTRAORDINARY [PART I—SEC. 1] territory at their entrance to the effect that they shall not detain bystander or good Samaritan or ask depositing money from them for the treatment of a victim.
• In case a bystander or good Samaritan so desires, the hospital shall provide an acknowledgement to such good Samaritan, confirming that an injured person was brought to the hospital and the time and place of such occurrence and the acknowledgement may be prepared in a standard format by the State Government and disseminated to all hospitals in the State for incentivising the bystander or good Samaritan as deemed fit by the State Government.
• All public and private hospitals shall implement these guidelines immediately and in case of noncompliance or violation of these guidelines appropriate action shall be taken by the concerned authorities.
• A letter containing these guidelines shall be issued by the Central Government and the State Government to all Hospitals and Institutes under their respective jurisdiction, enclosing a Gazette copy of this notification and ensure compliance and the Ministry of Health and Family Welfare and Ministry of Road Transport and Highways shall publish advertisements in all national and one regional newspaper including electronic media informing the general public of these guidelines.

Social Benefits

• They protect emergency personnel For example, a physician pulls over at the scene of an accident and, through a sense of civic responsibility, delivers health care. Can that physician then be sued if the injured persons do not survive? Or For example, a physician may administer a drug to a person in an emergency without knowing that that person is allergic to the drug in question. Typically, that physician would be protected from legal liability since his or her administering of the drug was done in order to help the individual.
• Ensure strangers help strangers Good Samaritan laws ensure that people who are injured and in need of help receive the help that they require. Problems such as the "bystander effect," a psychological effect where people in large groups are unlikely to respond to someone in need, create situations where victims sometimes don't get care in emergency situations. Good Samaritan laws ensure people with some legal protection in the event that something goes wrong when administering first aid, and in certain states, compel people with medical training to help an injured person.
• Good Samaritan who informs police or emergency service regarding an injured person not to be compelled to reveal his personal details.
• Disciplinary action against public officials who coerce Good Samaritan to reveal his personal details.

Personal Benefits

• A Good Samaritan will not be liable for any civil or criminal action for any injury or death of the victim
• A Good Samaritan cannot be compelled to file an FIR or pay any charges for the treatment of the victim and cannot be compelled to stay at the Police Station or Hospital nor give any information regarding the identity of the victim, his own identity, or any other evidence regarding the accident.
• In case if a good Samaritan wants to help in the investigation process, the benefit is that he will not be called repeatedly and his statement will be recorded in a single hearing.
• The Bill further provides that all hospitals and clinics provide emergency medical treatment without demanding payment for such treatment. Any hospital or a clinic cannot deny emergency treatment even if the family is unable to make the payment.
• In case the victim suffers any physical or mental damage, or death is caused due to denial of emergency medical service by the hospital or clinic, a penalty of minimum Rs. 10 lakhs can be imposed along with the cancellation of the license.

Source : Ministry of Road Transport & Highway