open access
Good Samaritan Clause
, 1
Affiliations- Department of Executive Penal Law, Faculty of Law, Administration and Economics, University of Wroclaw, Poland
open access
Abstract
This paper is entirely devoted to a new legal instrument called the “Good Samaritan Clause”. Its legal recognition constitutes
the legislator’s response to the concerns raised by the medical community, in view of the unique situation in the country,
but also in the world, relating to the prevention, counteraction and suppression of COVID-19. The assumption is that this
instrument is to constitute a countertype that excludes the criminal unlawfulness of the act, due to the increased risk of
mistakes made by the physicians involved in providing health services during the epidemic. The paper focuses primarily
on the dogmatic and legal issues, discussing the catalogue of conditions needed for the application of the instrument
mentioned in the title, but it also attempts to critically evaluate the introduced solution. The idea itself of introducing
a solution affecting the scope of criminal liability of physicians is good, however, it requires legislative clarification as well.
Abstract
This paper is entirely devoted to a new legal instrument called the “Good Samaritan Clause”. Its legal recognition constitutes
the legislator’s response to the concerns raised by the medical community, in view of the unique situation in the country,
but also in the world, relating to the prevention, counteraction and suppression of COVID-19. The assumption is that this
instrument is to constitute a countertype that excludes the criminal unlawfulness of the act, due to the increased risk of
mistakes made by the physicians involved in providing health services during the epidemic. The paper focuses primarily
on the dogmatic and legal issues, discussing the catalogue of conditions needed for the application of the instrument
mentioned in the title, but it also attempts to critically evaluate the introduced solution. The idea itself of introducing
a solution affecting the scope of criminal liability of physicians is good, however, it requires legislative clarification as well.
Keywords
countertype; a circumstance excluding the criminal unlawfulness of an act; Good Samaritan Clause; health services; criminal liability of a physician; special circumstances
About this articleTitle
Good Samaritan Clause
Journal
Issue
Article type
Other materials agreed with the Editors
Pages
216-219
Published online
2021-03-05
Page views
1031
Article views/downloads
720
DOI
Pubmed
Bibliographic record
Ginekol Pol 2021;92(3):216-219.
Keywords
countertype
a circumstance excluding the criminal unlawfulness of an act
Good Samaritan Clause
health services
criminal liability of a physician
special circumstances
Authors
Kamila Mrozek
Adam Praclawski
References (7)- The Act of 28 October 2020 on the amendment of certain Acts with reference to counteraction against crisis situations connected with COVID-19. Journal of Laws. 2020: 2112.
- Resolution of the Supreme Medical Council no 1/20/P-VIII of 27 May 2020 on accepting the Act on the amendment of the Act on detailed solutions connected with prevention, counteraction and combating COVID-19 and other infectious diseases and the thus caused crisis situations. www.nil.org.pl (6.12.2020).
- Regulation of the Minister of Health of March 20, 2020 on the declaration of epidemic in the territory of the Republic of Poland. Journal of Laws. 2020: 491.
- Statement no 117/20/P-VIII of the Supreme Medical Council of 20 October 2020 on the bill on amendment of certain Acts in connection with counteracting crisis situations connected with COVID-19. www.orka.sejm.gov.pl (6.12.2020).
- Act of 15 April 2011 on medical activities. Journal of Laws. 2011; 112: 654.
- Correction to the bill on amendment of certain Acts in connection with counteracting crisis situations connected with COVID-19 of 20 October 2020. www.orka.gov.pl (6.12.2020).
- Justification to the bill submitted by members of parliament on amendment of certain Acts in connection with counteracting crisis situations connected with COVID-19 of 19 October 2020, printout 683, page 42.
