17 Pages Posted: 22 Jul 2010
Date Written: 1982
Good Samaritan laws provide legal immunity to persons who assist in medical emergencies. Because good Samaritan laws eliminate the common law right of victims to secure redress for their injuries, these statutes raise certain constitutional questions.
This article begins by examining the vulnerability of good Samaritan statutes to federal constitutional attack on substantive due process and equal protection grounds. It then considers the susceptibility of such laws to state constitutional attack on the same grounds. The article concludes that while such statutes are not likely to violate federal substantive due process and equal protection provisions, they may be held unconstitutional on similar state grounds.
Keywords: Good Samaritan laws, emergency medical care, constitutional law
JEL Classification: K10, K13, K40
Suggested Citation: Suggested Citation
Sullivan, Barry, Some Thoughts on the Constitutionality of Good Samaritan Statutes (1982). American Journal of Law and Medicine, Vol. 8, 1982. Available at SSRN: https://ssrn.com/abstract=1646088