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	<title>Comments on: California gets even more screwed up: predictably, Good Samaritans (Decent People) hardest hit</title>
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	<link>http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html</link>
	<description>Ramblings of an Emergency Physician in Texas</description>
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		<title>By: Matt</title>
		<link>http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html/comment-page-1#comment-15486</link>
		<dc:creator>Matt</dc:creator>
		<pubDate>Sun, 28 Dec 2008 17:13:06 +0000</pubDate>
		<guid isPermaLink="false">http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html#comment-15486</guid>
		<description>&quot;As physicians we have an opportunity to try and help them in such instances.&quot;

So true, but try and get a physician to open his checkbook when he negligently injures someone to pay for their future care, lost wages, etc.  Heck, try and get them to simply apologize.</description>
		<content:encoded><![CDATA[<p>&#8220;As physicians we have an opportunity to try and help them in such instances.&#8221;</p>
<p>So true, but try and get a physician to open his checkbook when he negligently injures someone to pay for their future care, lost wages, etc.  Heck, try and get them to simply apologize.</p>
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		<title>By: DrDFW</title>
		<link>http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html/comment-page-1#comment-15430</link>
		<dc:creator>DrDFW</dc:creator>
		<pubDate>Fri, 26 Dec 2008 06:47:41 +0000</pubDate>
		<guid isPermaLink="false">http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html#comment-15430</guid>
		<description>Yet another reason I&#039;m glad I chose medicine and not law.  

Sometimes bad things happen to good people.  As physicians we have an opportunity to try and help them in such instances.  Meanshile, attorneys are like sharks smelling blood, seeking personal gain in such circumstances no matter the absurdity of the situation....

Tort reform should be nationwide.</description>
		<content:encoded><![CDATA[<p>Yet another reason I&#8217;m glad I chose medicine and not law.  </p>
<p>Sometimes bad things happen to good people.  As physicians we have an opportunity to try and help them in such instances.  Meanshile, attorneys are like sharks smelling blood, seeking personal gain in such circumstances no matter the absurdity of the situation&#8230;.</p>
<p>Tort reform should be nationwide.</p>
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		<title>By: Surfing The Turd &#171; California Courts Do It Again, Another Bad Decision!</title>
		<link>http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html/comment-page-1#comment-15323</link>
		<dc:creator>Surfing The Turd &#171; California Courts Do It Again, Another Bad Decision!</dc:creator>
		<pubDate>Tue, 23 Dec 2008 00:38:04 +0000</pubDate>
		<guid isPermaLink="false">http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html#comment-15323</guid>
		<description>[...] California gets even more screwed up: predictably, Good Samaritans (Decent People) hardest hit [...]</description>
		<content:encoded><![CDATA[<p>[...] California gets even more screwed up: predictably, Good Samaritans (Decent People) hardest hit [...]</p>
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		<title>By: rogue medic</title>
		<link>http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html/comment-page-1#comment-15318</link>
		<dc:creator>rogue medic</dc:creator>
		<pubDate>Mon, 22 Dec 2008 23:46:34 +0000</pubDate>
		<guid isPermaLink="false">http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html#comment-15318</guid>
		<description>Matt,

The decision had nothing to do with her being drunk. That is something that is a different topic. There is reason to limit her immunity, according to the minority opinion. The minority justices just did not see any reason to rewrite the law.

The decision that is a problem is that the law was written clearly. As Symtym states, there is no common law exemption for Good Samaritans. That appears to be the reason California created this exemption. The purpose of the law is to encourage people to help their neighbors, without a fear of the legal consequences. The interpretation of the majority is an illogical application of Feng Shui to the law. 

California will probably have a rewritten Good Samaritan law soon. It is unlikely that the state&#039;s law makers will tolerate this rewriting of the law by the Supreme Court.</description>
		<content:encoded><![CDATA[<p>Matt,</p>
<p>The decision had nothing to do with her being drunk. That is something that is a different topic. There is reason to limit her immunity, according to the minority opinion. The minority justices just did not see any reason to rewrite the law.</p>
<p>The decision that is a problem is that the law was written clearly. As Symtym states, there is no common law exemption for Good Samaritans. That appears to be the reason California created this exemption. The purpose of the law is to encourage people to help their neighbors, without a fear of the legal consequences. The interpretation of the majority is an illogical application of Feng Shui to the law. </p>
<p>California will probably have a rewritten Good Samaritan law soon. It is unlikely that the state&#8217;s law makers will tolerate this rewriting of the law by the Supreme Court.</p>
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		<title>By: Matt</title>
		<link>http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html/comment-page-1#comment-15310</link>
		<dc:creator>Matt</dc:creator>
		<pubDate>Mon, 22 Dec 2008 17:29:57 +0000</pubDate>
		<guid isPermaLink="false">http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html#comment-15310</guid>
		<description>&quot;People will die because of this decision.&quot;

Really?  How many?  Which ones?  You mean because drunks won&#039;t render aid in non-emergency situations we&#039;re all in more danger?</description>
		<content:encoded><![CDATA[<p>&#8220;People will die because of this decision.&#8221;</p>
<p>Really?  How many?  Which ones?  You mean because drunks won&#8217;t render aid in non-emergency situations we&#8217;re all in more danger?</p>
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		<title>By: wisdom</title>
		<link>http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html/comment-page-1#comment-15291</link>
		<dc:creator>wisdom</dc:creator>
		<pubDate>Sun, 21 Dec 2008 02:42:16 +0000</pubDate>
		<guid isPermaLink="false">http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html#comment-15291</guid>
		<description>Wow great reporting, unbelievable...... but also understandable.</description>
		<content:encoded><![CDATA[<p>Wow great reporting, unbelievable&#8230;&#8230; but also understandable.</p>
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		<title>By: GruntDoc &#187; Blog Archive &#187; More on the California Good Samaritan debacle</title>
		<link>http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html/comment-page-1#comment-15289</link>
		<dc:creator>GruntDoc &#187; Blog Archive &#187; More on the California Good Samaritan debacle</dc:creator>
		<pubDate>Sat, 20 Dec 2008 22:57:15 +0000</pubDate>
		<guid isPermaLink="false">http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html#comment-15289</guid>
		<description>[...] Comments throckmorton on Medical &#8216;Conscience Rule&#8221; Issuedthrockmorton on California gets even more screwed up: predictably, Good Samaritans (Decent People) hardest hitsymtym on California gets even more screwed up: predictably, Good Samaritans (Decent People) hardest [...]</description>
		<content:encoded><![CDATA[<p>[...] Comments throckmorton on Medical &lsquo;Conscience Rule&rdquo; Issuedthrockmorton on California gets even more screwed up: predictably, Good Samaritans (Decent People) hardest hitsymtym on California gets even more screwed up: predictably, Good Samaritans (Decent People) hardest [...]</p>
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		<title>By: throckmorton</title>
		<link>http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html/comment-page-1#comment-15286</link>
		<dc:creator>throckmorton</dc:creator>
		<pubDate>Sat, 20 Dec 2008 20:56:15 +0000</pubDate>
		<guid isPermaLink="false">http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html#comment-15286</guid>
		<description>Symtyms comment about California I hope is true.  In Florida and other states there is no immunity for &quot;professionals&quot;.  In fact, professional are held to even higher liabilty. So if you are a doctor and stop to help pull someone out of a burning car, you are the one that is the most likely to be sued.  The whole &quot;Good Samiritan Law&quot; is about as clear as the swimming pool at the colostomy club.  Attorneys have ensured that &quot;no good deed goes unpunished&quot;!</description>
		<content:encoded><![CDATA[<p>Symtyms comment about California I hope is true.  In Florida and other states there is no immunity for &#8220;professionals&#8221;.  In fact, professional are held to even higher liabilty. So if you are a doctor and stop to help pull someone out of a burning car, you are the one that is the most likely to be sued.  The whole &#8220;Good Samiritan Law&#8221; is about as clear as the swimming pool at the colostomy club.  Attorneys have ensured that &#8220;no good deed goes unpunished&#8221;!</p>
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		<title>By: symtym</title>
		<link>http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html/comment-page-1#comment-15285</link>
		<dc:creator>symtym</dc:creator>
		<pubDate>Sat, 20 Dec 2008 19:23:37 +0000</pubDate>
		<guid isPermaLink="false">http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html#comment-15285</guid>
		<description>Actually, the media has blown this all out of proportion. This is basically a non-story. Under the common law of torts in the US (certainly California and most states) there has never been immunity for the rescuer! California, like many states, does offer immunity for doctors, nurses, etc. who render emergency medical care short of gross (or willful and wanton) negligence. See very similar statutory immunities: &lt;a href=&quot;http://tlo2.tlc.state.tx.us/statutes/docs/CP/content/htm/cp.004.00.000074.00.htm#74.151.00&quot; rel=&quot;nofollow&quot;&gt;Texas&lt;/a&gt; and &lt;a href=&quot;http://law.onecle.com/california/health/1799.102.html&quot; rel=&quot;nofollow&quot;&gt;California at 1799.102&lt;/a&gt;.</description>
		<content:encoded><![CDATA[<p>Actually, the media has blown this all out of proportion. This is basically a non-story. Under the common law of torts in the US (certainly California and most states) there has never been immunity for the rescuer! California, like many states, does offer immunity for doctors, nurses, etc. who render emergency medical care short of gross (or willful and wanton) negligence. See very similar statutory immunities: <a href="http://tlo2.tlc.state.tx.us/statutes/docs/CP/content/htm/cp.004.00.000074.00.htm#74.151.00" rel="nofollow">Texas</a> and <a href="http://law.onecle.com/california/health/1799.102.html" rel="nofollow">California at 1799.102</a>.</p>
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		<title>By: Rogue Medic</title>
		<link>http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html/comment-page-1#comment-15284</link>
		<dc:creator>Rogue Medic</dc:creator>
		<pubDate>Sat, 20 Dec 2008 18:55:39 +0000</pubDate>
		<guid isPermaLink="false">http://gruntdoc.com/2008/12/california-gets-even-more-screwed-up-predictably-good-samaritans-decent-people-hardest-hit.html#comment-15284</guid>
		<description>Spriggig,

The following quotes from the article seem to make it clear. Anything that is not &lt;i&gt;medical&lt;/i&gt; aid is &lt;b&gt;not&lt;/b&gt; protected by the Good Samaritan law.

&quot;But in a sharp dissent, three of the seven justices said that by making a distinction between medical care and emergency response, the court was placing &quot;an arbitrary and unreasonable limitation&quot; on protections for those trying to help.&quot;

Referring to the Good Samaritan law:

&quot;Although that passage does not use the word &quot;medical&quot; in describing the protected emergency care, it was included in the section of the code that deals with emergency medical services. By placing it there, lawmakers intended to shield &quot;only those persons who in good faith render emergency medical care at the scene of a medical emergency,&quot; Justice Carlos R. Moreno wrote for the majority.&quot;

&quot;Justice Marvin R. Baxter said the ruling was &quot;illogical&quot; because it recognizes legal immunity for nonprofessionals administering medical care while denying it for potentially life-saving actions like saving a person from drowning or carrying an injured hiker to safety.&quot;

It seem that the intent of the court is to state that assisting a neighbor in fighting fires is &lt;b&gt;not protected&lt;/b&gt;. Assisting a neighbor in preventing a crime is &lt;b&gt;not protected&lt;/b&gt;. Only medical aid is protected.</description>
		<content:encoded><![CDATA[<p>Spriggig,</p>
<p>The following quotes from the article seem to make it clear. Anything that is not <i>medical</i> aid is <b>not</b> protected by the Good Samaritan law.</p>
<p>&#8220;But in a sharp dissent, three of the seven justices said that by making a distinction between medical care and emergency response, the court was placing &#8220;an arbitrary and unreasonable limitation&#8221; on protections for those trying to help.&#8221;</p>
<p>Referring to the Good Samaritan law:</p>
<p>&#8220;Although that passage does not use the word &#8220;medical&#8221; in describing the protected emergency care, it was included in the section of the code that deals with emergency medical services. By placing it there, lawmakers intended to shield &#8220;only those persons who in good faith render emergency medical care at the scene of a medical emergency,&#8221; Justice Carlos R. Moreno wrote for the majority.&#8221;</p>
<p>&#8220;Justice Marvin R. Baxter said the ruling was &#8220;illogical&#8221; because it recognizes legal immunity for nonprofessionals administering medical care while denying it for potentially life-saving actions like saving a person from drowning or carrying an injured hiker to safety.&#8221;</p>
<p>It seem that the intent of the court is to state that assisting a neighbor in fighting fires is <b>not protected</b>. Assisting a neighbor in preventing a crime is <b>not protected</b>. Only medical aid is protected.</p>
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