Amy Nesburg
Ms. Schraud, J.D.
OST-149 NW1
September 5, 2015
Chapter 3 Discussion Questions
1. Yes, you are protected under the Good Samaritan Law. The law states that those who do volunteer must exercise reasonable care and skill in rendering such aid. This law does protect those professionals who do offer aid, outside of their work environment, in good faith, without gross negligence. “Good faith” is an abstract quality that is best defined as being faithful to one’s duty or obligation.
According, to N.C.G.S §90-21.14, we are covered under the Good Samaritan law if we were perform CPR on a co-worker. If we administer CPR to a person, while performing CPR we break that persons rib, we cannot be sued because that is likely to happen when you perform CPR on a person. If you perform a medical act or help in an emergency situation, you cause an injury or death and it can be proven that it was caused by gross negligence, wanton conduct or intentional wrong doing then you can be sued.
2. When a physician moves to another state, he must obtain a license to practice in that state. The physician could be required to pass that state’s medical examination, or the physician could receive reciprocity or endorsement from that state. While medical practice acts vary from state to state, they generally, provide for the establishment of a medical examining board that has authority to license physicians, establish the baseline for the practice of medicine in that state, determine the prerequisites for licensure, forbid the practice of medicine without a license, and specify the conditions for license renewal, suspension, and revocation.
3. This means that the physician must provide the same knowledge, care, and skill that a similarly trained physician would provide under the same circumstances. The law does not require the physician to use extraordinary skill, only reasonable, ordinary care and skill. The physician is expected to perform the same acts that a “reasonable and prudent” physician would perform. This standard also requires that a physician not perform any acts that a “reasonable and prudent” physician would not. Physicians are expected to exhaust all the resources available to them when treating patients and not expose patients to undue risk. If they violate this standard of care, they could be liable for negligence. If a physician helps someone in an emergency situation, they are held to higher standard of care than most people.