This is a common question that we encounter in our classes & it’s so important for everyone to know!
What happens if we try our best to save someone but it doesn’t go as planned??
Answer = Texas Good Samaritan Laws
All 50 states have some form of Good Samaritan Law on the books. This law provides liability protection to bystanders who come to the aid of people in need. For example, if you witness a cardiac arrest at a local shopping mall, and you try—in good faith—to revive the person using the mall’s publicly accessible AED, you won’t have to worry about being sued just because the attempt was unsuccessful or because the victim had a do-not-resuscitate (DNR) order in place.
Texas’s good Samaritan law is covered under Texas Civil Practice and Remedies Code § 74.152:
Persons not licensed or certified in the healing arts who in good faith administer emergency care as emergency medical service personnel are not liable in civil damages for an act performed in administering the care unless the act is willfully or wantonly negligent. This section applies without regard to whether the care is provided for or in expectation of remuneration.
The term “willfully or wantonly negligent” is somewhat ambiguous, but it generally refers to reckless behavior that falls outside the scope of how a reasonably intelligent person would be expected to behave in the same situation.
The good news is that automated external defibrillators (AED’s) are programmed with calm, clear voice instructions. So as long as you just follow along with each step and do exactly as instructed, you’re doing your due diligence.