Legislative Corner
Good Samaritan Law
Question: Are there times when physical therapists are not covered
under the Good Samaritan Law, and if so, what are the exceptions?
Answer: The Good Samaritan Law protects physical therapists, who
“without expectation of compensation,” render first aid or emergency
treatment at the scene of an accident or other emergency, outside of a
hospital or other place for the regular provision of health care services,
to a person who is “unconscious, ill, or injured,” against claims
for damages as a result of such efforts, unless it is established that
in rendering such services the physical therapist engaged in “gross
negligence.”
So a physical therapist would not be covered: (1) if they rendered emergency
services in a hospital or other place that regularly provides health services.
(2) if they rendered the emergency services with an expectation of payment
(like if they negotiated a fee with the victim or sent them a bill afterwards).
(3) if the emergency services were rendered with gross negligence. (4)
if they were in the community and just started doing physical therapy
on a person who was not unconscious, ill, or injured.
Mandatory Reporting of Abuse
Question: Is there any risk for physical therapists
associated with reporting suspected abuse since physical therapists are
not mandated to do so?
Answer: The mandatory reporting law gives mandated reporters immunity
from making the reports of child abuse and neglect, if they have a reasonable
basis to believe such maltreatment is occurring, and if they make the
report in good faith. (For example, a man who reports his estranged wife
to get his child support lowered would not be reporting in good faith
and would not be granted the immunity afforded by the statute).
Without this immunity, a physical therapist faces the possibility of
a libel/slander type of lawsuit. However, if the reported information
is factually true then truth is an absolute defense to a libel/slander
action. Also, there may be confidentiality issues that could complicate
things.
The best advice to a physical therapist that observes clear indications
of child abuse would be to call the abuse hot line and give strictly factual
information as to what was observed. The hot line system lets you make
the call without giving your name or identity. Social Services would have
the information and presumably act on it, the child would be protected,
and the physical therapist’s potential liability is virtually zero.
(It is nearly impossible for parents, etc. to ever discover the name of
the person who made the report, even if the PT were to give their name.)
The above information was provided by legal counsel to the NYPTA and
intended to provide general guidance and is not a substitute for consulting
the appropriate laws, rules or regulations or a qualified attorney.
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