Have you ever seen someone in need of emergency care but were afraid to help because you feared facing criminal charges? For example, you may find someone hurt badly but are afraid that trying to help may mean accidentally making things worse. You do not have to be fearful thanks to the Good Samaritan Laws, which exist to protect bystanders rendering emergency care.
In Colorado, however, Good Samaritan Laws are not guaranteed; they come with requirements and exceptions. That is, there are limitations to the reasonable protections the laws provide, and one could still face civil liability. Keep reading this article to learn more about why these laws exist, their requirements, and their limitations. To know more about such laws, get in touch with Attorney Amy Gaiennie from Amy G Injury Firm.
Why do Colorado’s Good Samaritan laws exist?
Good Samaritan laws in Colorado are referred to as volunteer protection laws to offer protection from civil claims, thus encouraging aid. The law aims to protect regular people who provide care to individuals in emergencies when first responders are not around yet.
Also, certain emergency services and medical professionals may enjoy the protection offered by these Good Samaritan laws. The protection applies when medical personnel offer medical care when it is not necessarily their duty to do so.
Colorado Good Samaritan laws: Understanding the different requirements provided
The main purpose of Good Samaritan laws in Colorado is to protect persons from ordinary negligence claims for emergency care. That means you will not be liable for damages that occur while you are providing emergency aid in good faith.
For example, if a restaurant patron gives a choking child the Heimlich maneuver and saves the child’s life, and while doing the maneuver, they break the child’s ribs and cause some injuries to the child’s internal organs. The Good Samaritan laws ensure the patron does not face a lawsuit for the injuries that occurred while doing the good deed.
However, rendering aid is not a requirement for the protection Good Samaritan laws offer. For example, the laws do not offer any kind of protection in the case of intentional harm, gross negligence, or unreasonable treatment. Another instance where the laws do not apply is when you give CPR to someone who is already breathing.
Exceptions to Good Samaritan laws: Under what circumstances do they not apply?
In some states, only trained rescuers enjoy the protection offered by the Good Samaritan statutes, except in potential heart attacks. Also, in some states, the protections do not apply if you provide emergency care without training or if the injured person is suffering cardiac arrest. In states like Colorado, Good Samaritan protections are limited to untrained rescuers to control bleeding and perform CPR.
Furthermore, the laws do not apply to healthcare professionals or emergency responders who are carrying out and are paid for their duties. For example, the laws do not protect an ER doctor whose negligence in the emergency room injured their patient. In such cases, if the victim can find proof of medical malpractice, the ER doctor could be liable.
When are you legally required to provide medical care in Colorado?
You are not under any legal obligation to provide emergency medical care in Colorado. Therefore, if you do help, it is in good faith, and Good Samaritan laws protect you against potential civil claims.
However, you are required to provide some level of help to someone in need by reporting to the police or emergency services. Also, you are obligated to report crimes of sexual assault or murder as well as crimes against minors and children. In some states, you are legally required to provide reasonable assistance when it is within your power.
Conclusion
No one plans to encounter an emergency scene, nor does anyone plan to require help from passersby after a car accident. Nevertheless, you can find yourself in such situations in Colorado, and knowing what to do is essential. Therefore, be familiar with Colorado Good Samaritan laws to understand your legal protections when you offer emergency aid to the injured.
