Welcome Good Samaritans’ protection: Taking accident victims to a hospital, will not entail any criminal or civil liability

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New Delhi: For protecting the interests of the Good Samaritans, the Road Transport and High ways Ministry, Government of India, has issued notification, where several significant guidelines are provided.

Considering that there always a slight reluctance in helping a Road traffic Accident / Mishap Victims or taking them to the Hospitals and due to such reluctance many lives in such accidents are brought to the end, the Ministry has decided to issue such guidelines for protecting such Good Samaritans against their tangling in lengthy Police enquiries and legal procedures and also for encouraging them in helping victims.

Now, taking the victims of road traffic accidents to the Hospitals or calling to the Emergency Services, will not make the Good Samaritans liable or responsible to appear in the police or legal proceedings or even they will not be required unnecessary to disclose their personal information. In the guidelines it is also made clear that once, the victim will be taken to the nearest hospital, the person who taken him need not to stop therein for more time. After providing his or her name if in case of eye witness to the accident, the person helping victim can leave the place immediately. A person other than a relative or family concern of the Victim persons, is also protected against demad of payment from Hospital of providing treatment, as per guidelines.

Certain individuals concerns with the interest of the Victims of accidents to save, have also expressed their opinions on the guidelines. Including Mr. B. Prabhudoss, being head of hospital relations and marketing, GVK EMR, as running a ‘108 Ambulance system’, welcomed the Guidelines, saying that more people to be called for by encouraging them and the Good Samaritans are to be protected.

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One Piyush Tewari, being founder of Delhi bases- NGO namely, ‘Save Life’ said that the move from Government is welcome.

It is notable in the Guidelines that the doctors who were refusing to treat the victims from Road traffic accident can be charged with professional misconduct and this can also result in their losing the Medicine Practising licence.

The guidelines are highly expecting to be of greater effect. The same found to be based on the Ruling of the Apex Court of Country which was announced last December (2014), where the Top Court required the Central Government to provided for such guidelines. The said making of guidelines were required in the petition filed by Non- Governmental Organisation from Delhi namely, ‘Save Life Foundation’.

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by Faim Khalilkhan Pathan.