By J.R. LABBE
jrlabbe@star-telegram.com
Christian theologian John Wesley’s rule for living — "Do all the good you can, by all the means you can, in all the ways you can, in all the places you can, at all the times you can, to all the people you can, as long as ever you can" — didn’t end with, "But only if you won’t be sued."
Most human beings with a moral compass have an instinct to help if they see someone in trouble. Sadly, in our litigious society, a "thank you" can morph into a "see you in court" if, heaven forbid, something goes wrong in a rescue attempt — the passer-by who responds to someone having a heart attack breaks the victim’s rib while administering CPR, for example.
State good Samaritan laws, which are designed to encourage individuals to come to the aid of others, protect from blame those who voluntarily assist someone who is injured or ill.
But what if the entity responding to cries for help is a corporation or a social-service agency? Are they protected?
Depending on which state you’re in, don’t bet the company on it, says Gene Matthews, the former legal counsel for the national Centers for Disease Control and Prevention and now a senior fellow at the North Carolina Institute for Public Health.
Texas law says that "a person who in good faith administers emergency care at the scene of an emergency or in a hospital is not liable in civil damages for an act performed during the emergency unless the act is willfully or wantonly negligent."
"The law says it protects 'a person,’ " Matthews said last week in a telephone interview. "Some argue that it can be read to mean 'corporation’ and 'nonprofit,’ but it’s not clear. And based on Texas court decisions, corporations assume it doesn’t apply to them if it’s not specified in statute."
So why does a public health lawyer care about entity emergency liability protection?
Two words: Swine flu.
In the event of a pandemic influenza outbreak, the government is likely to need help from private corporations and nonprofits to quickly distribute anti-viral medications across the country.
"If I’m the head of a company, my major concern is to protect the brand," said Matthews, who is the director of the Public/Private Legal Preparedness Initiative at the UNC Gillings School of Global Health. "If my competitors are doing right by assisting in a disaster, I’d better be, too — or be remembered as the one who wasn’t there.
"But I have to ask myself, 'If we deliver vaccines, do we become liable for adverse vaccine reactions?’ " he said.
No CEO wants to guess at the answer.
Part of being prepared for disaster is making sure all the collaborating partners poised to respond — public, private and nonprofit — can do so without worrying about lawsuits.
Texas Baptist Men, which set up field kitchens for emergency workers, shouldn’t have to worry about liability from food-borne illness that could be the result of bad water in the area.
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