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The Legal Aspects of CPR

Cardiopulmonary resuscitation, simply referred to as CPR, is a life-saving measure that almost anyone can perform. While some may simply think of CPR as “doing the right thing” or a job requirement, there may also be legal ramifications. Whether you are a professionally trained health care worker or just attempting to help out in a bad situation, there are a few things that you may want to know about the legal aspects of administering CPR.

Laws Protecting Rescuers

There are laws in place that are designed to help protect those who provide CPR from liability, and every state has at least one in place. It is commonly called the Good Samaritan Law or Good Samaritan Act. While it differs slightly by each state, this law provides limited protection for the rescuer, provided that any mistakes made during CPR efforts would be deemed reasonable by the courts. This same law also stipulates that this applies specifically to rescuers who are not receiving any type of compensation for performing life-saving measures.

Legal Requirements for Providing CPR

An important component of the Good Samaritan Act pertains to who is and who is not legally obligated to provide CPR. Although most states do not require bystanders to perform life-saving measures, there are a few that do. In these cases, people who have been professionally trained are required to intervene in a situation that CPR is needed; this is the case even if the rescuer is not on the job. Failure to administer CPR in these situations can have legal repercussions. A notable exception is if the individual in need has a known do-not-resuscitate order (DNR).

Exceptions to Good Samaritan Acts

There are some exceptions to the laws surrounding CPR. For example, if an error were made by the rescuer that caused severe harm or death as a result, the rescuer would not be covered by Good Samaritan Laws. These laws also do not provide protection to a health care worker who is on-the-job, such as a nurse or physician providing CPR in the health care setting. Depending on the individual state, those without certification may or may not be covered either. An important thing to remember is the “reasonable” clause as well. What one person may find a reasonable act, another may not. One of the single most important things you can do to protect yourself from liability is to know the Good Samaritan Laws in your area.

Last Updated: November 10, 2016