New legal test for good Samaritan acts

In April, the Social Action, Responsibility and Heroism Act 2015 came into force in England and Wales. It sets out some additional factors that a court must consider when assessing a negligence claim or alleged breach of duty.

These factors essentially outline a new legal test that is especially pertinent in the case of a good Samaritan act. They are:

• Social action – whether the alleged negligence or breach of statutory duty occurred when the person was acting for the benefit of society or any of its members.
• Responsibility – whether the person, in carrying out the activity in the course of which the alleged negligence or breach of statutory duty occurred, demonstrated a predominantly responsible approach towards protecting the safety or other interests of others.
• Heroism – whether the alleged negligence or breach of statutory duty occurred when the person was acting heroically by intervening in an emergency to assist an individual in danger.

MPS advice

A good Samaritan act is where medical assistance is given in a bona fide medical emergency, which a healthcare professional may happen upon in a personal rather than professional situation. While there is no legal duty to assist (in UK law), clinicians have an ethical and a professional duty to help.

As clinicians in such a situation, you should do the best you can in the circumstances with the resources available, working within the limits of your competence. MPS will assist with any problems arising from a good Samaritan act anywhere in the world.

When an emergency arises, it is vital to:

• Carefully consider your own competence and expertise, particularly if you are retired and/or no longer registered with the GMC:
  • Consider whether anyone else is better placed to assist, such as a currently practising/registered doctor
  • If retired, you should make clear you are no longer in practice
  • For those who no longer hold a license to practise, you must make this known.
  • Take a full history and carry out a full examination in order to make an informed assessment
• Suggest options for managing the situation (balance benefits and risks of treatment)
• Work within the confines of your expertise and training, except in a critical emergency
• Delegate and communicate appropriately.