English Medical Law – Good Samaritan Situations
In emergency, a doctor is not legally obliged to assist the victim unless it is stipulated in the employment contract / GP contract. This may include condition where the injured party is a patient on the doctor’s list. The GP contract also stated that emergency action only can be offered to the person who is not on the GP’s list but live in the area of practice when the person own doctor is not available to promote treatment. Despite the absence of legal obligation by the doctors, doctors also have moral and ethical duties. The professional regulator ( General Medical Council) may impose disciplinary percussion on doctors who fail to treat the victims in emergency setting. In order to provide a clear picture on issue of aid in emergency setting and any issues that may lead to litigation ,the Social Action Responsibility and Heroism Act 2015 are enacted. The factors that need to be taken into consideration in emergency setting include whether the rescuer acted for the benefit of society, whether the rescuer demonstrated a responsible approach and whether the rescuer acted in an emergency.
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