Nurses and The Good Samaritan Law

During protests in Denver in 2020, a group of off-duty medical professionals stepped in to treat people injured by tear gas, rubber bullets, and other crowd control measures. Some were nurses, others were EMTs or doctors—none were required to help, but they did anyway. In the process, several were injured themselves.

This isn’t an isolated case. Across the country, medical professionals routinely step in during crises. They’re driven by instinct, training, and compassion. But what happens when something goes wrong? Could a nurse or nurse practitioner be sued for helping?

That’s where Good Samaritan laws come in—and every medical professional should understand how these laws apply to them.

What Is a Good Samaritan Law?

The term “Good Samaritan” originates from a biblical parable in which a traveler helps a stranger left for dead on the side of the road. Today, it refers to someone who voluntarily provides emergency aid.

Good Samaritan laws are state-level statutes designed to protect these volunteers—trained or not—from legal liability, as long as their assistance is reasonable and non-negligent.

While laws vary by state, most include core protections and limitations:

• Consent: If the injured person is conscious, they must consent to care.
  
• Implied consent: If unconscious or unable to respond, consent is assumed.
  
• Reasonable care: You’re expected to act within your scope of training. For example, an RN shouldn’t attempt a surgical procedure.
  
• No compensation: Protection usually only applies to volunteers, not those accepting payment for aid.
  
  

Legal Grey Areas for Medical Professionals

Good Samaritan laws were originally written with laypeople in mind, but they often include or exclude trained medical professionals in specific ways. In some states, physicians and nurses are explicitly protected. In others, their professional status may make them liable under certain circumstances—especially if they’re seen as having a higher standard of care.

Other legal nuances include:

• Untrained rescuers: Someone without CPR or first aid certification might not be covered if their actions worsen a victim’s condition.
  
• Non-imminent danger: If you act in a situation that wasn’t immediately life-threatening and cause harm, your protection may not apply.
  
• Pre-existing relationship: If the injured person is your patient (e.g., you’re their primary care provider), you may have a legal duty to assist—even off the clock.
  
  

What If You Choose Not to Help?

In most states, bystanders have no legal obligation to intervene. You can walk past an emergency and face no legal consequences. But for nurses and nurse practitioners, that decision is rarely so simple.

While legal duty is limited, the moral responsibility often weighs heavily. Many nurses feel an ethical obligation to assist—whether they’re in scrubs or street clothes. As one nursing publication put it: “Even if you have no legal duty, many consider it an ethical and moral duty to help when you’re able.”

Still, the risk of litigation is real—and knowing how to protect yourself matters.

A Real Case: Are Volunteers Liable?

At a music festival, a doctor and nurse were volunteering at a first-aid tent when word came of someone nearby having a life-threatening allergic reaction. The doctor responded. The nurse stayed at the tent. Tragically, the person died.

The victim’s family sued both the doctor and the nurse, arguing that—as healthcare providers—they had a legal obligation to help. But the court disagreed, ruling that as volunteers, they were not legally responsible for the outcome. Neither had a pre-existing relationship with the victim, and both were acting outside of their paid employment.

This ruling reflects a key principle: unless a provider has an established duty of care, they’re typically protected when acting voluntarily under Good Samaritan laws.

How Nurses and NPs Can Protect Themselves

While Good Samaritan laws provide critical legal protection, they don’t prevent someone from filing a lawsuit. And litigation can mean years of stress, financial cost, and professional scrutiny—even if the claim is ultimately dismissed.

Here’s how to reduce risk while helping when it matters most:

1. Know Your State’s Laws

Each state has its own version of the Good Samaritan statute. Some provide full protection for healthcare professionals; others include exceptions or additional conditions.

Look for:

• Whether licensed professionals are explicitly protected
  
• Scope of practice limitations
  
• Situations where protection doesn’t apply (e.g., gross negligence, working under contract)
  

Familiarize yourself with how your state interprets these rules before you’re faced with a high-pressure emergency.

2. Carry Professional Liability Insurance

Whether you’re volunteering in a crisis or working a regular shift, nurse liability insurance is your safety net. Even if you’re protected by state law, that won’t stop a legal complaint from being filed.

At NOW Insurance, we offer:

• Tailored policies for nurses and nurse practitioners
• $0 deductible coverage options
  
• Legal support and claim response built into every plan
  

We know you don’t stop being a nurse when your shift ends. We’re here to protect you—whether you’re helping at a public event, responding to an emergency, or navigating the day-to-day demands of patient care.

Final Thought: Do the Right Thing—And Be Prepared

Most nurses and NPs would never walk away from someone in crisis. It’s part of who you are. But doing the right thing shouldn’t leave you legally vulnerable.

Know your rights. Understand your limits. And make sure you have protection in place—so when you’re needed most, you can act with confidence.