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In the Aftermath of Katrina

By Lawrie Demorest and Josh Becker

In the aftermath of Hurricane Katrina, people from all walks of life and from all corners of the world want to reach out to do what they can to help the victims of this unfathomable disaster. Schoolchildren are raising pennies to help those in need while relief organizations send supplies from all regions of the country. On the ground where this disaster struck in Louisiana and Mississippi, however, thousands of caring individuals have been providing emergency first aid and medical care to their neighbors in need. When licensed health care workers respond to the urgent needs of the hurricane's victims, what kinds of liability might they be opening themselves up to?

Good Samaritan laws are enacted to protect health care professionals and other rescuers who provide reasonable and gratuitous care, usually in an emergency setting, from a lawsuit alleging negligence in the performance of such care. These laws are not designed to prevent a potential plaintiff from filing suit based on alleged negligence, but rather serve in the nature of an affirmative defense to such a suit. The first Good Samaritan law was passed in California in 1959, and since that time, all 50 states have passed some type of similar legislation. Such laws were enacted to remove the common law liability associated with rescue and emergency care so as to encourage people to stop and render aid to their fellow citizens.

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