title: To assist or not to assist: the legal liability of midwives acting as good Samaritans.
abstract: At common law no legal duty exists to rescue. This article examines the common law position and whether NSW case of Lowns v Woods 1996 ATR 81-376 creates a new duty to rescue. Recent legislation in some states provides protection from litigation to those who assist in emergencies providing they act in good faith and without gross negligence. The implications for midwives who act as good Samaritans are discussed.
authors.affiliation: School of Nursing, Midwifery and Postgraduate Medicine, Edith Cowan University, Pearson Street, Churchlands, WA 6018, Australia. h.newnham@ecu.edu.au
authors.forename: Helen
authors.initials: H
authors.lastname: Newnham
mesh_terms: D001315:Australia; D004632:Emergency Medical Services / Q000331:legislation & jurisprudence*; D004638:Emergency Treatment; D004993:Ethics, Nursing; D006801:Humans; D016365:Liability, Legal; D008880:Midwifery / Q000331:legislation & jurisprudence* / Q000592:standards; D028681:Moral Obligations; D024802:Nurse's Role; D016079:Refusal to Treat / Q000331:legislation & jurisprudence; D012941:Social Responsibility