- You have an ethical duty to provide what assistance you can in the circumstances if there's an emergency.
- Make sure you have adequate indemnity in place. The MDU provides indemnity for doctors acting as good Samaritans worldwide.
- Obtain the patient's consent for any treatment you provide and maintain confidentiality.
- Keep detailed notes of any incidents and the medical care you provide, even in an emergency.
Good Samaritan acts are defined as doctors and other healthcare professionals who aren't on duty offering help in an emergency.
If you unexpectedly find yourself in a situation where someone needs medical assistance, whether in the UK or abroad, you have an ethical obligation to help if you can.
Are there any risks?
The MDU can provide worldwide medical indemnity for good Samaritan acts to its members, but thankfully the risk to doctors of being sued after they have helped in an emergency is very low.
Additionally, the Social Action, Responsibility and Heroism Act 2015 helps to protect those acting in an emergency in England and Wales from legal action.
This Act states that when a court considers a negligence claim or breach of duty, it must consider whether the person was acting 'for the benefit of society or any of its members' or whether a person 'demonstrated a predominantly responsible approach towards protecting the safety or interests of others' or the person was 'acting heroically by intervening in an emergency to assist an individual in danger'.
Despite this, it's still important to understand the guidance and advice surrounding these situations.
Although there is no legal obligation to do so, the GMC's guidelines state that doctors must offer help in an emergency. This could be in a clinical setting or in the wider community.
If you are ever called upon to help, remember to consider:
- your safety - don't put yourself at unnecessary risk
- your competence - don't try to work outside your abilities, or while under the influence of alcohol
- the availability of other options - are more qualified or able people on the scene?
Where possible, you should also:
- make a detailed record of the incident and your involvement
- obtain consent from the patient
- explain your actions and treatment to the patient.
Good Samaritan acts are quite different from so-called 'good neighbour acts' - like volunteering to provide medical support at local events. In such instances, doctors should check they are properly indemnified or insured before the event takes place. If unsure, contact us on 0800 716 376.
Licence to practise
If you don't have a licence to practise - for example, if you've retired or you're a student - you can still offer assistance in an emergency. The GMC advises that not having a licence shouldn't stop doctors from helping in emergencies.
However, non-licensed doctors must be clear about their GMC status. It is a criminal offence to inaccurately present yourself as registered with or without a licence.
Advice for students
- Medical students aren't strictly bound by the same ethical obligation to help as qualified doctors, but might still be faced with an emergency situation.
- As a student, you should help if you feel able to do so.
- Again, take into account the limits of your experience and knowledge.
- The MDU can provide indemnity for doctors acting as good Samaritans worldwide, including for students on their elective.
Read a case scenario of an off-duty emergency in our student journal.
This page was correct at publication on 06/06/2022. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.