Oklahoma Good Samaritan Laws

When we see someone in need, it’s natural to want to offer help. However, someone providing medical aid in an emergency may accidentally cause greater harm to an injured person.

Have you sustained injuries in Oklahoma because of someone else trying to give emergency care? It’s possible you’re eligible for financial compensation. Whether you can seek compensation depends on if Oklahoma Good Samaritan laws apply.

A personal injury attorney from Edwards & Patterson Law can review your case and explain the role the Oklahoma Good Samaritan Act might play in it. Contact us today for more information.

What Is the Oklahoma Good Samaritan Act?

Oklahoma’s Good Samaritan Act may apply when someone provides reasonable and necessary medical treatment to an injured person in an emergency. Under this act, someone providing care in “good faith” generally can’t be liable for harm resulting from the emergency care they offer. They may only be liable if evidence shows they were grossly negligent. However, the type of care they can provide will depend on their qualifications.

What Are the Three Elements of the Good Samaritan Doctrine?

The Oklahoma Good Samaritan Act includes these three elements:

• Someone voluntarily and without compensation offers immediate medical aid to an injured person in an emergency.
• The individual offering care didn’t cause the emergency or injuries.
• They did not commit grossly negligent or intentionally wrong acts while providing care.

Under the law, a person qualified to offer immediate medical aid may or may not be licensed to practice or provide any form of medical treatment. The purpose of Oklahoma Good Samaritan laws is to encourage bystanders to intervene in emergencies without fear of potential legal consequences.

What Types of Care Can a Good Samaritan Provide Without Risking Liability?

The types of care the Oklahoma Good Samaritan Act allows a bystander to provide depends on the person giving care. If the bystander is licensed and qualified to offer medical care in Oklahoma, they may provide emergency medical aid when necessary to prevent an injured person from dying or sustaining worse bodily injuries. Someone licensed and qualified to do surgery or dentistry in Oklahoma may perform emergency surgery.

Non-licensed bystanders may provide the following types of care in an emergency:

• Artificial respiration
• Restoration of breathing
• Preventing or slowing blood loss
• Aiding or restoring heart action
• Aiding or restoring circulation of blood

Overall, the type of care one may offer can depend on their qualifications. For example, a bystander without the proper license and qualifications may provide care such as preventing blood loss. They could not attempt to perform surgery.

What Is Considered Gross Negligence?

The Good Samaritan Act doesn’t always protect bystanders from liability when they intervene to provide medical care. An injured person may still file a claim or lawsuit against a bystander who caused harm due to gross negligence.

Gross negligence may occur when someone providing aid knows they have a reasonably good chance of harming the person receiving care. If they properly assess the situation, they might determine that providing aid may not be the only option. They may be engaging in gross negligence if they proceed to offer care despite knowing it’s not absolutely necessary and has a high chance of causing injury.

Someone may also engage in gross negligence if they try to provide a form of care they’re not qualified to offer. An example of this would be someone attempting to perform surgery despite not being licensed to do so. Without a license and qualifications, they may be unable to determine if surgery is necessary. They could seriously endanger an injured person if they attempt to perform it.

What If the Good Samaritan Is Injured While Trying to Give Aid?

Someone providing aid under the Oklahoma Good Samaritan Act should exercise caution when doing so. In an emergency situation, they may be at risk of sustaining injuries themselves.

A Good Samaritan who sustains injuries while giving aid may be eligible for compensation, depending on the circumstances. They could file an insurance claim or lawsuit seeking compensation if their injuries resulted from someone else’s actions or negligence.

Does the Good Samaritan Law Apply to Someone Helping a Drug Overdose Victim?

An Oklahoma law similar to the Good Samaritan Act applies in drug overdose cases. When someone overdoses on a controlled substance, bystanders may be reluctant to contact emergency services. They may feel they will get into legal trouble because they possess or are using a controlled substance themselves at the time.

The law states a peace officer can’t take someone into custody for a controlled substance offense in these circumstances if:

• The person allegedly guilty of the offense is in contact with a peace officer because they requested emergency medical care for someone who appeared to be overdosing, and
• The person:
  • Provided the officer with their full name and any other requested information,
  • Cooperated with peace officers and emergency medical personnel at the scene, and
  • Remained at the scene with the individual needing medical care at least until emergency services arrived.

The Good Samaritan Act protects bystanders from civil lawsuits when they intervene to provide reasonable and necessary medical treatment. This law serves a similar purpose, letting bystanders know they typically won’t face drug crime charges when reporting overdoses and cooperating with police and medical personnel. However, they may face charges if they possess enough of a controlled substance that it would qualify as trafficking.

Oklahoma Good Samaritan laws may also apply to someone offering immediate care when someone is overdosing. They should contact emergency services, but they may provide immediate aid when no one else is available to help.

Contact an Oklahoma Personal Injury Lawyer

The fact that someone offered immediate medical aid to you doesn’t mean they were always acting in good faith under Oklahoma’s Good Samaritan laws. You may be eligible for compensation if they caused additional harm while offering care.

However, proving someone engaged in gross negligence can be challenging. It’s helpful to have legal representation when building a case in these circumstances.

At Edwards & Patterson Law, our Oklahoma personal injury lawyers can explain your legal options. We can also help if you sustained injuries while in the process of offering care to someone else. Learn more about what we can do for you by contacting us online today or calling for a free case review.

Visit Our Oklahoma Personal Injury Law Offices