Chapter 9Liability Limitation
Section § 1799.100
This law protects various organizations from being sued for civil damages if they provide training in emergency medical services. As long as they are on the statewide registry and offer their services, goods, labor, equipment, or facilities voluntarily and without payment, they are shielded from liability. This includes local agencies, state entities, private businesses, and nonprofit organizations. However, this exemption does not apply to physicians, surgeons, registered nurses, or licensed vocational nurses.
Section § 1799.101
This law allows a person to take reasonable steps to remove a child from a locked car if they believe the child's safety is in immediate danger, for example, due to extreme heat or cold. The person won't face criminal charges if they act in good faith and follow specific steps: they must determine the vehicle is locked, believe the child is in danger, contact emergency services before breaking in, stay with the child safely until help arrives, use minimal force, and hand the child over to authorities promptly.
Emergency responders like police and firefighters can also remove a child from a car if they appear to be in danger. They should try to find the vehicle owner first and leave a written notice about where the child will be taken for treatment. Parents may have to pay for any medical costs. 'Child' in this context refers to a child aged six or younger.
Section § 1799.102
This law is meant to protect people who voluntarily help others in emergencies from being sued for civil damages, as long as they act in good faith and don't get paid. This is called a 'Good Samaritan law'.
It doesn't include hospitals or places where medical care is normally provided. There are two main points: First, medical, law enforcement, and emergency personnel are protected from liability unless they act with gross negligence or intentional misconduct. Second, the law encourages people to volunteer during emergencies by giving them similar protections. Existing responsibilities and legal protections for certain personnel remain unchanged. Any new legal actions based on these rules apply only to cases filed after the law was updated.
Section § 1799.103
This law makes it clear that companies can’t stop employees from giving voluntary emergency medical help, like CPR, during a medical emergency, unless specific conditions apply. For example, it's acceptable for a company to only let employees who've been trained provide such help. However, in an emergency, if no trained person is available, any employee can step in voluntarily. Also, employees must not perform resuscitation if the person has indicated they don’t want it through legal means like a do-not-resuscitate order. Employers are not required to train their employees in these emergency medical skills.
Section § 1799.104
This law protects medical professionals and emergency responders from being sued for civil damages when they act in good faith during emergencies. If a doctor or nurse gives instructions to an EMT-II or mobile intensive care paramedic in an emergency situation, and the responder follows those instructions diligently and non-negligently, neither party can be held liable for any resulting harm.
Section § 1799.105
This law states that poison control centers meeting certain standards and offering free advice on dealing with poison exposure are protected from being sued for civil damages regarding the emergency advice they provide. Specifically, this legal protection applies to actions or oversights by their medical director, poison specialists, or providers unless those actions were grossly negligent or not made in good faith.
The law specifies that specialists following approved protocols are only liable if they act in a grossly negligent way or without good faith. Additionally, the law clarifies that it doesn't protect against careless adoption of protocols.
For medical directors responding to emergencies not covered by an existing protocol, liability only arises from grossly negligent actions or lack of good faith. The law also ensures that there is no liability simply for not having a protocol if it couldn't have been anticipated or practically developed for rare situations.
Section § 1799.106
This law is designed to encourage firefighters, police officers, EMTs, and trained nurses to provide emergency medical services. It states that these emergency responders are only liable for civil damages if they act in a grossly negligent manner or do not act in good faith while helping at an emergency scene or during ambulance transport. If they're not liable, then the public agency employing them won't be liable for damages either.
Additionally, the law defines a 'registered nurse' as a nurse specially trained in emergency medical services and officially licensed.
Section § 1799.107
This law states that when emergency services are needed, there is a concern for public health and safety, and public entities and emergency personnel are encouraged to provide such services. To support these efforts, they receive qualified immunity from being held liable for injuries if they act within their job scope while providing emergency services. They are only liable if they act in bad faith or in a grossly negligent way.
The law assumes that emergency workers act in good faith and without gross negligence, meaning they get the benefit of the doubt unless proven otherwise. "Emergency rescue personnel" include both paid and volunteer workers from public and private fire departments and related emergency services. "Emergency services" cover a range of activities like first aid, medical help, rescues, and urgent transport to ensure the safety of someone in serious danger.
Section § 1799.108
This law says that if you are certified to give emergency medical care at an emergency scene in California, you are only responsible for civil damages if you act in a really careless way (grossly negligent) or if you don't act with good intentions (not in good faith).
Section § 1799.109
This law recognizes the comfort and therapy pets, specifically dogs and cats, provide to their owners and society. It allows emergency responders to give life-saving first aid to pets without facing legal repercussions for practicing veterinary medicine, as long as their employer does not prohibit it. First aid includes administering oxygen, managing ventilation, clearing airways, controlling bleeding, and bandaging. The law also clarifies that providing such aid is voluntary and not required by law.
It specifies that giving emergency care to pets does not impose a duty on responders or any other individuals, nor does it create liability for not providing care during emergencies. This section does not extend to calls made to the emergency 911 system for pets.
Section § 1799.110
This law explains how courts should handle negligence claims against doctors providing emergency medical services in an emergency room. When considering such claims, the court must take into account the emergency situation and compare the doctor's actions to the typical care provided by other doctors in similar situations and locations.
"Emergency medical services" are defined as treatments needed immediately to prevent serious harm or death. If expert testimony is needed in these cases, it should come from doctors with significant recent experience in emergency rooms like the one where the incident occurred.
Section § 1799.111
This law section protects hospitals and their staff from being held legally responsible when they temporarily detain someone who is a threat to themselves or others due to a mental health disorder. It applies to general care and psychiatric hospitals that are not designated county facilities.
To be immune from liability, certain conditions must be met: the person must pose a danger, attempts must be made to find them mental health treatment, they can't be held for more than 24 hours, and there must be probable cause for detention. If the person is held beyond eight hours, continuous care must be necessary, and the person must still be a danger.
Hospitals aren't liable for a person's actions after the detention if the release is approved by a licensed professional who determines they're no longer a threat. Assessments can be done via telehealth. Detained individuals retain rights regarding treatment consent, and detention time counts toward any subsequent holds.
Section § 1799.112
This law requires employers of paramedics (EMT-P) to report certain disciplinary actions to local EMS directors and state authorities within 30 days. Actions include termination, suspension, resignation after an investigation alert, or removal from duties due to misconduct. "Disciplinary cause" means actions impacting paramedic duties and posing a public safety risk.
Some EMT-P details, especially for those who are also peace officers, are protected under different laws. Authorities can share investigation results with employers and relevant agencies. The information is part of an investigation and not public record. However, involved paramedics can access closed investigation files upon request.
Section § 1799.113
This law says that if you help someone during an opioid overdose by giving them something like naloxone, and you're not getting paid for it, you won't be sued for any problems that might happen from helping. This also covers if you give someone naloxone to use in such situations.
However, this protection doesn't cover actions that are extremely careless or intentionally harmful. Being paid for other work doesn't count as being paid for helping in an overdose situation. Finally, any medication approved by the FDA for treating opioid overdoses is considered an "opioid antagonist" for this law.
Section § 1799.115
If you're an ambulance service provider or work for one, this law protects you from being sued when you continue to detain someone at the request of a police officer or other qualified professional during certain medical transports. This includes taking someone under specific mental health holds to or from hospitals or psychiatric facilities.
However, you must still follow procedures set by local emergency medical agencies and the state's medical authority. You can still be held responsible if you act negligently or intentionally cause harm during the transport. Also, you can't make people sign involuntary hold orders if they're willingly going to a facility.