What is the Good Samaritan Law?
“Good Samaritan law takes its name from the popular parable found in the Bible, which is commonly referred to as the Parable of the Good Samaritan. It recounts the aid given by a traveler from the area known as Samaria to another traveler of a conflicting religious and ethnic background who had been beaten and robbed by bandits.”1 The parable thus portrays a good Samaritan as “an individual who intervenes to assist another without a previous responsibility and compensation.” “Good Samaritan Laws differ between countries and specify who is protected from liability and the extent of this protection.”4
In as much as they are trying to help, good Samaritans must obtain the consent of the ill or injured before assisting, with the exception that if the ill or injured person is unconscious or unable to approve, implied consent will be presumed. Minors who need urgent medical intervention, on the other hand, are not required to give their consent before assistance is rendered to them.
In Nigeria, bystanders or good Samaritans play an important role in rescuing persons in need of emergency care and transporting them to the hospital. “The assistance rendered to these distressed persons saves lives due to the timely intervention. The question that arises is whether good Samaritans will be liable if they perform a negligent act leading to accidental harm or loss of life while trying to assist a sick or injured person.”2
Nigeria does not have a specific law called the “Good Samaritan Law” that provides legal protection to individuals who offer assistance to those who are injured or in danger. However, the Nigerian legal system does have provisions related to aiding others in emergencies and providing assistance during accidents or medical emergencies.
Though many people believe that lack of training is a main reason why CPR is not done in Nigeria which is true, the other reason people are not doing it is out of fear of arrest or accusation of having killed the victim. Recent incidences and outcries on Twitter in recent past have shown this.
A Good Samaritans’ bill proposed in 2015, is being considered by the legislative arm of the Nigerian government. The bill aims to remove legal obstacles encountered by bystanders in the course of saving lives so that bystanders would be encouraged to assist without fear of liability. The bill, which is only applicable to emergencies that occur outside hospital premises specifies that persons who assist those in need of urgent medical attention will not be liable for their actions or omissions. The bill notes that the good Samaritan is duty-bound to treat the emergency patient cautiously and carefully, as acting in an unreasonable, reckless, or negligent manner will incur liability
Let us not forget that the Nigerian Constitution guarantees the right to life and the dignity of the human person. Therefore, individuals are generally encouraged to render reasonable assistance to those in need, especially in situations where immediate action is required to save lives or prevent further harm.
It is important to note that while there may not be a specific law named after the Good Samaritan concept, the legal system recognizes the moral and ethical duty to help those in distress. However, the specifics of legal protections and liabilities may vary depending on the circumstances and the actions taken by individuals.
For accurate and up-to-date information on legal matters in Nigeria, consulting with a legal professional or referring to official legal sources is recommended.
Our final comment has to do with taking a holistic approach to helping victims in a medical emergency; this is vital. This is best summarized by Olaitan Olusegun, in her 2023 paper, “Emergency Medical Care and the Law in Nigeria: Towards Protection of Patients’ Rights”, who concluded that “an Emergency Care Act, which would encompass all aspects of emergency care, as opposed to piecemeal legislation with limited effectiveness, should be adopted. Informal approaches to receiving care can be adopted while efforts are ongoing to establish a formal system. This translates to encouraging good Samaritans to assist distressed persons through legal protection from liability, in addition to training persons and agencies who would act as first responders. Additional efforts must be made in Nigeria to strengthen emergency care systems so that persons with emergency conditions will be promptly treated, thereby enjoying their right to emergency care.”3 We wholeheartedly agree.
- See GOOD SAMARITAN LAW IN NIGERIA – Health Emergency Initiative. https://hei.org.ng/good-samaritan-law-in-nigeria/
- See https://www.researchgate.net/publication/26326978_Pre-hospital_care_in_Nigeria_A_country_without_emergency_medical_services
- See Olaitan Olusegun, Emergency Medical Care and the Law in Nigeria: Towards Protection of Patients’ Rights. https://www.researchgate.net/publication/377530482.
- See https://blogs.law.ox.ac.uk/family-and-medical-law/blog-post/2023/08/liability-good-samaritans-medical-emergencies/
- See https://blogs.law.ox.ac.uk/family-and-medical-law/blog-post/2023/08/liability-good-samaritans-medical-emergencies/
- See https://www.researchgate.net/publication/377530482_Emergency_Medical_Care_and_the_Law_in_Nigeria_Towards_Protection_of_Patients%27_Rights/
