Good Samaritan Rights and Duties of the Hospitals/Police

Good Samaritan

A Good Samaritan is a bystander who takes the accident victim to the nearest hospital or helps the victim by informing police or medical emergency. A Good Samaritan has the following rights:

• He shall not be liable for any civil or criminal liability.
• He shall be allowed to leave the hospital immediately.
• He shall not be forced to furnish his personal details.
• He shall not be compelled to deposit money for treatment of the victim.
• Hospital shall provide him an acknowledgement in this regard.
• He shall be suitably rewarded to encourage other citizens.
• He shall be examined for single occasion by the police after his consent.

Directions for Hospital

• All private and government hospitals shall publish a charter at their entrance.
• They shall not detain Good Samaritan or ask for depositing money for treatment of the victim unless the bystander is a relative or a family member of the victim.
• They shall not compel the bystander to furnish his personal details.
• Hospital shall provide an acknowledgement to the Good Samaritan in a standard format.
• Lack of response by a doctor incase of emergency situation pertaining to road accident then a disciplinary action shall be taken against such doctor or hospital.

Directions for Police

• Any person who makes a phone call to the Police control room or Police Station to give information about any accidental injury or death, except an eyewitness may not reveal personal details such as full name, address, phone number, etc.
• Any Police official or any other person shall not force any Good Samaritan who helps an injured person to become a witness in any manner. The option of becoming a witness shall solely rest with the Good Samaritan.
• The concerned Police official(s) shall allow the Good Samaritan to leave after having informed the Police about an injured person on the road and no further questions shall be asked if the Good Samaritan does not desire to be a witness in the matter.

Examination of Good Samaritan by the Police

• Incase a Good Samaritan chooses to be a witness, his examination by the investigating officer shall, as far as possible, be conducted at a time of his convenience such as his place of residence or business and the investigation officer shall be dressed in place clothes unless the Good Samaritan chooses to visit the police station.
• Incase the Good Samaritan chooses to visit the Police Station; he shall be examined in a single examination in any reasonable and time bound manner without causing any undue delay.

Source : Good Samaritan