Good Samaritan Law

By Jensen Peck, Business and Professional Insurance Executive

Good Samaritan Laws in Wisconsin are vital for protecting physicians who provide emergency care outside of a clinical setting. These laws encourage medical professionals to offer immediate assistance in emergencies without the fear of legal recourse, allowing medical professionals to extend their care beyond hospitals and clinics. However, it is important to be aware of when the law protects you and when it may not apply.

Wisconsin enacted its first Good Samaritan statue in 1963, granting immunity from civil liability to physicians and nurses who, in good faith, provided emergency care at the scene of an emergency. This legislation aims to encourage medical professionals to assist in emergency situations without fear of legal implications. By 1977 the statue extended protection to any individual providing emergency care in good faith at the scene of an emergency or accident, recognizing the importance of immediate assistance.

Under Wisconsin law, physicians who provide emergency care at the scene of an emergency are generally immune from civil liability, as long as they act in good faith and without gross negligence. This means that if a physician acts within the bounds of their training and does not exhibit reckless disregard for the safety of the individual they are helping.

There are several scenarios where Wisconsin’s Good Samaritan law does not protect physicians in emergency situations.

• Existing Duty to Treat: If a physician already has a duty to provide care, such as in a hospital or clinical setting or volunteering at an event as a physician on staff, where a doctor-patient relationship exists, the law’s protections do not apply.
• Gross Negligence or Willful Misconduct: The immunity is void if the physician’s actions are found to be grossly negligent or are intentionally harmful.
• Compensated Care: If the physician receives compensation for the care provided during the emergency, this could nullify the Good Samaritan protections.
• Beyond Scope of Training: Acting outside the scope of their medical training and expertise may also remove liability protections.

Wisconsin’s Good Samaritan laws embody the state’s commitment to public health and well-being, empowering physicians to act quickly and selflessly in emergency situations. This article is meant to provide general information about Wisconsin’s Good Samaritan law protection. This is not legal advice. 

If you have questions about a specific scenario, we recommend you talk with your clinic manager, professional liability insurance agent, or carrier about how that coverage would respond. 

If you are a member of Wisconsin Medical Society and need legal advice you can utilize the Legal Hotline.