§ 34-30-12-1 — Gratuitously rendered emergency care; immunity

Indiana § 34-30-12-1

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 30: IMMUNITY FROM CIVIL LIABILITY
• Ch. 12: Health Care: Immunity of Persons Rendering

Text

(a) This section does not apply to services
rendered by a health care provider (as defined in IC 34-18-2-14 or IC 27-12-2-14 before its repeal) to a patient in a health care facility (as
defined in IC 27-8-10-1).
(b) Except as provided in subsection (c), a person who comes upon
the scene of an emergency or accident, complies with IC 9-26-1-1.5, or
is summoned to the scene of an emergency or accident and, in good
faith, gratuitously renders emergency care at the scene of the
emergency or accident is immune from civil liability for any personal
injury that results from:
(1) any act or omission by the person in rendering the emergency
care; or
(2) any act or failure to act to provide or arrange for further
medical treatment or care for the injured person;
except for acts or omissions amounting to gross negligence or willful
or wanton misconduct.
(c) This subsection applies to a person to whom IC 16-31-6.5
applies. A person who gratuitously renders emergency care involving
the use of an automatic external defibrillator is immune from liability
for any act or omission not amounting to gross negligence or willful or
wanton misconduct if the person fulfills the requirements set forth in
IC 16-31-6.5.
(d) This subsection applies to an individual, business, or
organization to which IC 16-31-6.5 applies. An individual, business, or
organization that allows a person who is an expected user to use an
automatic external defibrillator of the individual, business, or
organization to in good faith gratuitously render emergency care is
immune from civil liability for any damages resulting from an act or
omission not amounting to gross negligence or willful or wanton
misconduct by the user or for acquiring or providing the automatic
external defibrillator to the user for the purpose of rendering the
emergency care if the individual, business, or organization and the user
fulfill the requirements set forth in IC 16-31-6.5.
(e) A licensed physician who gives medical direction in the use of
a defibrillator or a national or state approved defibrillator instructor of
a person who gratuitously renders emergency care involving the use of
an automatic external defibrillator is immune from civil liability for any
act or omission of the licensed physician or instructor if the act or
omission of the licensed physician or instructor:
(1) involves the training for or use of an automatic external
defibrillator; and
(2) does not amount to gross negligence or willful or wanton
misconduct.
[Pre-1998 Recodification Citations: subsection (a) formerly
34-4-12-1.5(b); subsection (b) formerly 34-4-12-1.5(c).]

Legislative History

As added by P.L.1-1998, SEC.26. Amended by P.L.1-1999, SEC.73; P.L.84-2003, SEC.1 and P.L.91-2003, SEC.1; P.L.74-2006, SEC.5; P.L.126-2008, SEC.11.