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KMID : 1025620190220010034
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Korean Journal of Medical Ethics
2019 Volume.22 No. 1 p.34 ~ p.52
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Should we be physicians as Good Samaritans?
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Bae Hyun-Ah
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Abstract
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Good Samaritan laws are designed to encourage individuals, including physicians, to provide medical care in emergency situations. Such laws purport to protect physicians and others who volunteer to provide assistance during emergencies. However, whether Good Samaritan laws, such as the Korean Emergency Service Act article 5-2, really do protect physicians is uncertain and varies from case to case. When attempts at providing emergency medical care do not go as expected, and legal disputes arise, such disputes will inevitably affect how other physicians respond to future medical emergencies. In this article I argue that the current legislation needs to be revised and expanded to fully protect physicians who provide emergency medical care in good faith. In particular, the relevant laws must also protect physicians who render emergency aid hospital settings when they have no pre-existing duty to provide assistance.
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KEYWORD
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in-hospital Good Samaritan laws, physician as Good Samaritans, emergency medical service in good faith, Emergency Service Act article 5-2
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