Responding to an emergency in and out of the office.
Moral duties aside, a physician generally has no legal liability to a stranger in a medical emergency if the physician decides to do nothing so long as the physician is not under a pre-existing duty or has created a risk of harm to such stranger. Missouri, like any other state, has a Good Samaritan statute specifically designed to encourage medical care providers to offer assistance to injured persons at the scene of an emergency or accident. Although, the statute on its face draws the line between ordinary negligence and gross negligence in extending the immunity to any qualified rescuer who provides emergency medical care without compensation at the scene of emergency, no Missouri case law has recognized "gross negligence" as a cause of action at common law. The practical effect is that it is unlikely any qualified rescuer will be held liable for a victim's injuries when the care was rendered in good faith during emergency and without compensation, however negligently, unless there is willful or wanton misconduct on the part of such rescuer.
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Husch & Eppenberer, LLC, St. Louis, USA.
D004632:Emergency Medical Services / Q000331:legislation & jurisprudence*; D007351:Insurance, Liability / Q000331:legislation & jurisprudence*; D008318:Malpractice / Q000331:legislation & jurisprudence*; D008923:Missouri; D009819:Office Visits