Allred on Need for Good Samaritan Law

Re “We All Have a Duty to Help One Another,” by Gloria Allred and Lisa Bloom, Column Left, Sept. 14: Gloria, Gloria, so near and yet so far. Yes, we need to encourage people to come to the aid of those in distress. Yes, “under American law liability generally exists for action, not inaction.” But is the remedy a law requiring such action?

No doubt trial attorneys will support such a measure, since only lawyers, after the fact, will be able to pit that requirement against whatever damage can be claimed from any action taken. Physician, heal thyself.

GARY TOMPKINS

Lake Arrowhead

Perhaps Allred has forgotten that it was the proliferation of lawsuits brought against those who paused to help victims in need that produced the “I’m not going to get involved” attitude--an aberration that, being a member of the profession that aided and abetted this phenomenon, she should remember better than anyone else.

ALFRED LORONA

Oxnard

In March 1995, I assisted a female passenger with a threatened miscarriage on a commercial transatlantic flight between Frankfurt and Los Angeles. When I opened the emergency kit, right on top of all the medications was a printed statement, in 10 languages, from the airline’s medical director. The notice thanked any volunteer physician or nurse for their services, and assured that the airline would indemnify anyone rendering aid, should legal settlements arise from the case.

My treatment was successful, but I advised the captain that the woman needed to go the closest tertiary care facility. At that time, the aircraft was over Baffin Island, in the Canadian Arctic. Winnipeg was about three hours away, and Minneapolis could be reached in 3 1/2 hours. Two factors resulted in the captain’s decision to fly to Winnipeg: He advised me that this was the closest city, and in addition, he added that landing in Canada would remove any “U.S. legal problems with your malpractice.” I assume he meant that an event which occurred between Frankfurt and Winnipeg airports would be outside of U.S. legal jurisdiction.

Whether or not the pilot’s understanding of international law was correct is beside the point. When an airline emergency kit and a 747 captain (this was a European airline, not a U.S. carrier) express concern about potential liability incurred for being a good Samaritan, then something is wrong with the system.

JAMES SPERBER MD

San Juan Capistrano