The Maryland legislature has developed several statutory sections which provide immunity for tort or civil liability to certain classes of individuals who provide assistance in emergency situations. These sections generally require that the voluntary emergency assistance be provided without a fee to the victim and absent gross negligence on the part of the assister. The following is a brief summary of the Good Samaritan statutes and interpretative case law governing the doctrine in the State of Maryland.

I. Emergency Medical Care - Specially Trained and Non-Trained Individuals:

Under specifically defined circumstances, Md. Code Ann., Courts and Judicial Proceedings §5-309 (1995) provides immunity from civil liability to both specially trained and non-trained individuals who provide emergency assistance.

Special personnel are generally defined as individuals who have been specially trained to provide emergency care. As long as their actions do not constitute gross negligence and are provided without a fee or other compensation, they are immune from civil liability for any damages arising out of the provision of emergency care. Md. Code Ann., Courts and Judicial Proceedings §5-309 (a)(b) (1995).

Non-trained individuals will similarly not be held civilly liable for any damages which occur when providing assistance or medical aid to a victim at the scene of an emergency as long as they provide the assistance in a reasonably prudent manner, the assistance is provided without fee or other compensation, and the individual relinquishes care of the victim when someone who is licensed or certified by the State to provide medical care or services becomes available to take responsibility for the victim. Md. Code Ann., Courts and Judicial Proceedings §5-309 (c) (1995).

In interpreting this statute, the Maryland Court of Appeals has held that special personnel who are salaried are not "compensated" within the meaning of the statute as long as they do not charge a fee directly to the victim. Tatum v. Gigliotti, 321 Md. 623, 583 A.2d 1062 (1991).

II. Support for Emergency Medical System:

The Maryland Code also provides civil liability immunity to individuals providing support to the emergency medical system by giving care, equipment, facilities or consultation. Md. Code Ann., Courts and Judicial Proceedings §5-310 (1995). In order to fall under the shield of immunity, the individual must be a member or employee of a government hospital, emergency medical service council or agency that operates as a nonprofit group, the act must not constitute gross negligence, and the service must have been provided without a fee to the victim.

III. Fire and Rescue Companies:

Furthermore, Maryland provides civil liability immunity to fire or rescue companies and their personnel for any act or omission which may occur in the course of performing their duties. Md. Code Ann., Courts and Judicial Proceedings §5-309.1 (1995). However, this immunity does not apply to acts which are willful or grossly negligent. In addition, the immunity is waived with respect to actions to recover damages for the negligent operation of a motor vehicle. In this type of action, a victim is entitled to recover a limited amount of damages based on the fire or rescue company's vehicle liability insurance coverage. Artis v. Cypers, 100 Md. App. 633, 642 A.2d 298 (1994).

IV. Liability of Volunteer Sports Program Physicians:

A physician who voluntarily provides medical services for a sports program at an institution of higher learning such as a public or private school is not liable for any damages which may result from provision of services. Md. Code Ann., Courts and Judicial Proceedings §5-309.4 (1995). This shield of immunity will be lifted, however, if the physician receives compensation for the services or if the physician's performance constitutes willful or wanton misconduct, gross negligence or intentionally tortious conduct. This section also requires that the treatment be given at the site of the sports program, at any practice for the sports program or during the transportation to or from the sports program, practice or training session.

The Virginia legislature has undertaken a very expansive and detailed codification of the Good Samaritan doctrine. Virginia's Code contains numerous statutory sections that are designed to provide civil liability immunity to a substantial number of narrowly defined classes of Good Samaritans who render assistance in wide array of emergency situations.

I. Boating Accidents:

The Virginia Code imposes a duty on the operator of a boat that is involved in an accident to render assistance, to such an extent as may be practicable, to those persons affected by the accident. Va. Code Ann. § 29.1-739 (Michie Supp. 1996). This provision specifically provides that any person who complies with this section or who gratuitously and in good faith renders assistance at the scene of a boating accident, shall not be civilly liable for any damages arising out of the assistance. This immunity is lost when the assisting person does not act as an ordinary, reasonably prudent person would have acted under the same or similar circumstances, or if the person who is being assisted objects to the assistance.

II. Emergency Medical Services:

Virginia generally provides civil liability immunity to those individuals who, in good faith, render emergency care to an injured person at the scene of an accident. Va. Code Ann. § 8.01-225 (Michie Supp. 1996). This immunity is granted as long as the person rendering the assistance is not compensated by the victim and acts in good faith. This section specifically identifies the medical situations and classes of medical personnel to which the immunity will be provided, which include: assisting a female in active labor; administering epinephrine to an individual for whom an insect sting treatment kit has been prescribed; assisting, upon request, in an accident involving liquefied petroleum gas, liquefied natural gas, hazardous material or hazardous waste; rendering emergency resuscitative treatments or procedures; and, assisting as an emergency medical care attendant or technician. Absent willful or gross negligence, this section affords the same immunity to uncompensated licensed physicians acting as the operational director for a licensed emergency medical services agency and uncompensated dispatchers working for a public or nonprofit emergency services agency.

III. Emergency Services Activities:

Individuals who, in compliance with Virginia law, render emergency services are afforded immunity from civil liability for the death or injury to any persons or damage to property sustained as a result of the rendering of emergency assistance. Va. Code Ann. § 44-146.23 (Michie Supp. 1996) This immunity will apply in all cases except those involving willful misconduct by public or private employees or their representatives. This section also provides immunity from civil liability to any person who voluntarily permits the use of their premises for the purpose of sheltering persons during a disaster, gratuitously renders aid involving their licensed, certified or other skilled employees, gratuitously services or repairs any electronic device or equipment, or renders service in a hazardous substance incident, so long as the actions do not constitute gross negligence or reckless or willful misconduct.

IV. Licensed or Professional Engineers Participating in Rescue or Relief Assistance:

The Virginia Code provides civil liability immunity to any licensed professional engineer who uses his professional skills to provide rescue or relief assistance in connection with a disaster or other life-threatening emergency. Va. Code Ann. § 8.01-225 (Michie 1992). Immunity is granted so long as services are provided in good faith, without compensation, and do not constitute gross negligence or willful misconduct.

V. Immunity for Certain Free Health Care:

Hospital employees who render health care services to a patient of a heath clinic which is organized to provide such services free of charge are granted civil liability immunity unless their conduct constitutes gross negligence or willful misconduct. Similarly, the officers, directors, and employees of such clinics are granted the same type of immunity for civil damages arising from any act or omission relating to the providing of health care services without charge to clinic patients. Va. Code Ann. § 32.1-127.3 (Michie Supp. 1996).

VI. Immunity for Hospice Volunteers:

Individuals who provide care to terminally ill patients pursuant to a hospice program are afforded immunity from liability for any civil damages resulting from the rendering of such care. The hospice program's sole purpose must be to provide care and treatment to terminally ill patients and must be equally available to all members of the community. In addition, the individual providing the treatment must render the treatment in good faith, free of charge, and absent gross negligence or willful misconduct. Va. Code Ann. § 8.01-226.4 (Michie Supp. 1996).

VII. Immunity for Team Physicians:

Any physician who renders emergency medical treatment to a participant in an athletic event sponsored by a school is afforded civil liability immunity from any damages resulting from the treatment. This immunity will only be provided if the services are rendered free of charge and absent gross negligence or willful misconduct. Va. Code Ann. § 8.01-225.1 (Michie Supp. 1996).

VIII. Veterinary Professionals Rendering Services Without Charge

A person licensed by the Board of Veterinary Medicine who renders health care services to any animal is immune from civil damages resulting from the rendering of the services. This immunity will not provided, however, if the services provided are outside the limits of the veterinarian's license and are not rendered in good faith, free of charge, and absent gross negligence or willful misconduct. Va. Code Ann. § 54.1-3811 (Michie 1994).

The West Virginia legislature's treatment of the Good Samaritan doctrine is fairly limited. The West Virginia Code contains one very general section which is referred to as the Good Samaritan Law. It provides immunity to all individuals, whether medically trained or not, who offer assistance in an emergency situation. The only requirements imposed are that the assister not receive compensation and render the assistance in good faith.

II. Medical and Non-Medical Immunity:

Any person, whether or not trained to practice medicine, who renders emergency care at the scene of an accident or to a victim of a crime shall not be liable for any civil damages as a result of rendering such emergency care. This immunity will be granted as long as the care is rendered in good faith and without remuneration.

In Hovermale v. Berkeley Springs Moose Lodge, 165 W.Va. 689, 699, 271 S.E.2d 335 (1980), the Supreme Court of Appeals of West Virginia stated that the purpose of the W.Va. Code 55-7-15 was to "encourage those persons owing no duty to render aid in emergency circumstances. It was not intended to relieve one of liability for the breach of a pre-existing duty."

Similarly, the Office of the Attorney General of the State of West Virginia stated that "the Good Samaritan Law is addressed to those situations where a person, by mere happenstance, comes upon an accident situation and renders emergency aid under circumstances where he has no duty or paid-for obligation to do so." 1980 Op. Atty. Gen. W.Va. 23.

In comparison to the expansive Good Samaritan statutes in jurisdictions such as Virginia, Pennsylvania's treatment of the Good Samaritan doctrine is fairly limited. Specifically, unlike any of the statutes discussed above, Pennsylvania does not provide immunity to a non-medically trained individual who renders gratuitous assistance in an emergency situation.

I. Medical Good Samaritan Civil Immunity:

The Pennsylvania statutes provide immunity from civil liability for any physician, practitioner of the healing arts, or registered nurse who renders emergency care at the scene of an emergency. The immunity provision requires that the individual render care in good faith, and that the acts or omissions not be intentionally designed to harm or constitute gross negligence which may result in harm to the person receiving the emergency assistance. Pa. Const. Stat. Ann. § 8331 (1978). For purposes of Section 8331, good faith is defined as "a reasonable opinion that the immediacy of the situation is such that the rendering of care should not be postponed until the patient is hospitalized." Pa. Const. Stat. Ann. § 8331(b) (1978).

II. Non-Medical Good Samaritan Civil Immunity:

Pa. Const. Stat. Ann. § 8332 (1978) provides civil liability immunity to non-medical individuals who render emergency care to an injured person at the scene of an emergency. However, this immunity is specifically limited to those non-medical Samaritans who, at the time of rendering the emergency care, are currently certified as having completed a course in first aid, advanced life saving or basic life support, and who perform the techniques and procedures consistent with their training. In addition, the provision mandates that the non-medical Samaritan's acts or omissions must not be intentionally designed to harm the injured person, or constitute gross negligence which results in harm to the person receiving the emergency care.

In those instances where untrained individuals take it upon themselves to offer assistance to an injured person in an emergency situation, Pennsylvania law follows the Good Samaritan Rule of the Restatement (Second) of Torts and will allow the injured victim to recover from the Good Samaritan if the injured party can show: 1) that the Good Samaritan was under no obligation or under no duty to provide assistance to the injured party; and, 2) that the injured party either relied upon the Good Samaritan's undertaking to provide assistance or that the Good Samaritan increased the injured party's risk of harm. Miller v. United States, 530 F. Supp. 611, 616-617 (E.D. Pa 1982); Blessing v. United States, 447 F. Supp. 1160, 1187 (E.D. Pa. 1978).

III. Veterinary Good Samaritan Civil Immunity:

Pa. Const. Stat. Ann. § 8331.1 (1996) grants civil liability immunity to any licensed veterinarian who renders emergency care to any animal discovered in an emergency situation. The provision states that this shield of immunity will be provided only if the emergency care is rendered in good faith and absent any acts or omissions intentionally designed to harm the animal or any grossly negligent acts or omissions which result in harm to the animal. The section also limits the application of the immunity to those instances where the owner of the animal is not present.

The District of Columbia Code contains only one Good Samaritan provision. D.C. Code Ann. §2-1344 (1994) grants civil liability immunity to individuals who provide medical care or assistance to an injured person at the scene of an accident. The provision requires that the assistance be provided absent both gross negligence and an expectation of receiving or the intention to seek compensation from the injured person.

I. Individuals who are Unlicensed to Provide Medical Care or Assistance:

Individuals who are unlicensed to provide medical care or assistance are provided civil liability immunity provided that they relinquish the direction of the care of the injured person when an appropriately licensed person assumes responsibility for the care of the injured person. This requirement is in conjunction with the general requirement that the Good Samaritan not expect to receive compensation from the injured person or act with gross negligence. D.C. Code Ann. §2-1344 (b) (1994).

II. Rendering Advanced Emergency Medical Care or Assistance:

Both the licensed physician providing the instructions and the paramedic rendering advanced emergency medical care to an injured person at the scene of accident pursuant to the instructions from the physician are granted civil liability immunity from any injury or damages arising out of the rendering of such emergency care. This immunity will be granted unless the conduct of either party constitutes gross negligence or they expect to receive compensation from the injured person. D.C. Code Ann. §2-1344 (c)(d) (1994).