{"title":"好撒玛利亚人真的好吗?现行《好撒玛利亚人法》可能造成的危害探析","authors":"Nicolas Northcut","doi":"10.1515/jbbbl-2018-0002","DOIUrl":null,"url":null,"abstract":"As a society, we hope to incentivize others to help those in need. In crucial life-or-death medical situations, we do not want medical professionals to have to take time to consider the potential liability they could assume. In these emergency situations, a doctor’s main preoccupation should not be determining how best to reduce possible liability. The only thing on a medical professionals’ minds should be how to best treat the patient. This desire for incentivizing decisive action is in conflict with tort law, which makes a potential rescuer liable for the possible outcomes of his actions.","PeriodicalId":415930,"journal":{"name":"Journal of Biosecurity, Biosafety, and Biodefense Law","volume":"90 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2018-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Is the Good Samaritan Really Good? A Look into the Possible Harm Caused by Current Good Samaritan Laws\",\"authors\":\"Nicolas Northcut\",\"doi\":\"10.1515/jbbbl-2018-0002\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"As a society, we hope to incentivize others to help those in need. In crucial life-or-death medical situations, we do not want medical professionals to have to take time to consider the potential liability they could assume. In these emergency situations, a doctor’s main preoccupation should not be determining how best to reduce possible liability. The only thing on a medical professionals’ minds should be how to best treat the patient. This desire for incentivizing decisive action is in conflict with tort law, which makes a potential rescuer liable for the possible outcomes of his actions.\",\"PeriodicalId\":415930,\"journal\":{\"name\":\"Journal of Biosecurity, Biosafety, and Biodefense Law\",\"volume\":\"90 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2018-05-09\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Biosecurity, Biosafety, and Biodefense Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1515/jbbbl-2018-0002\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Biosecurity, Biosafety, and Biodefense Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/jbbbl-2018-0002","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Is the Good Samaritan Really Good? A Look into the Possible Harm Caused by Current Good Samaritan Laws
As a society, we hope to incentivize others to help those in need. In crucial life-or-death medical situations, we do not want medical professionals to have to take time to consider the potential liability they could assume. In these emergency situations, a doctor’s main preoccupation should not be determining how best to reduce possible liability. The only thing on a medical professionals’ minds should be how to best treat the patient. This desire for incentivizing decisive action is in conflict with tort law, which makes a potential rescuer liable for the possible outcomes of his actions.