Physicians

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.

By Jensen Peck, Business and Professional Insurance Executive

As the insurance agency for the Wisconsin Medical Society, we receive calls often from members and client physicians who are considering supplemental employment (side gigs) outside of their regular scope of practice. They’re often told to “not to worry about” the liability because it’s either covered by the employer or “minimal exposure.” Fortunately, most physicians recognize this may not be true and it’s best to receive input from an insurance agency that specializes in health care liability. Let’s review a few of the more common scenarios and important questions that need to be answered to confirm potential malpractice exposures are covered.

Physicians serving in medical director or other supervisory roles in medispas, EMS services, nursing homes, and other new health care ventures have become common in recent years. While these positions can offer professional growth and financial reward, they also can present new and unprecedented risks. As a medical director, you are responsible for the overall medical practices within the facility, even if you are not directly performing the procedures. While the staff—typically non-physicians such as estheticians, nurses, and nurse practitioners—administers treatments, the medical director is accountable for ensuring that all procedures are performed according to the highest medical standards. If a patient suffers harm from a procedure such as a Botox injection requiring revision or an adverse reaction to treatment or medication, the medical director can be named in a lawsuit, regardless of whether they administered the procedure or were even on site at the time.

Another scenario is physicians who volunteer for Federally Qualified Healthcare Centers (FQHC) and free clinics. FQHCs are typically nonprofit organizations that provide primary care services to underserved populations, often funded by federal grants. Physicians who practice part-time at an FQHC are often covered for malpractice insurance through the Federal Tort Claims Act (FTCA). If a malpractice claim is filed, the FQHC will typically provide legal defense under the FTCA, meaning the FQHC will arrange and pay for legal representation in case of a lawsuit. If a claim results in a settlement or judgment, the FTCA ensures that the U.S. government will cover the financial responsibility up to the applicable limits. A free clinic is a community-based health care facility that provides medical services at either low or no cost to individuals who are uninsured, underinsured, or otherwise unable to pay for care. Physicians who volunteer at free clinics are not given coverage from the FTCA. Regardless of compensation, physicians are required to get traditional malpractice insurance to cover their work done at these clinics – whether it’s part-time or full-time. So, it’s very important to be aware if the clinic is a FQHC or not. A free clinic isn’t always an FQHC.  

There are many other questions you should ask yourself, your employer, and your malpractice insurance experts at WisMed Assure that are unique to your scenario. It’s important to have a clear understanding of your role and a written description of your responsibilities. These duties will likely fall in the category of either administrative or direct patient care. You must confirm if your or your employer’s insurance policies will cover all of your responsibilities. We urge you to reach out to us! Contact the WisMed Assure team at insurance@wismedassure.org or call 608.442.3810. We are here to serve the health care professionals who serve our communities. We will explore the application of Good Samaritan laws in a future issue of the Antidote.

Please note: Wisconsin Medical Society members have access to our legal assistance hotline for additional discussion about these topics.