State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-21_14

§ 90‑21.14.  First aidor emergency treatment; liability limitation.

(a)        Any person,including a volunteer medical or health care provider at a facility of a localhealth department as defined in G.S. 130A‑2 or at a nonprofit communityhealth center or a volunteer member of a rescue squad, who receives nocompensation for his services as an emergency medical care provider, whorenders first aid or emergency health care treatment to a person who isunconscious, ill or injured,

(1)        When the reasonablyapparent circumstances require prompt decisions and actions in medical or otherhealth care, and

(2)        When the necessityof immediate health care treatment is so reasonably apparent that any delay inthe rendering of the treatment would seriously worsen the physical condition orendanger the life of the person,

shall not be liable for damagesfor injuries alleged to have been sustained by the person or for damages forthe death of the person alleged to have occurred by reason of an act oromission in the rendering of the treatment unless it is established that theinjuries were or the death was caused by gross negligence, wanton conduct orintentional wrongdoing on the part of the person rendering the treatment. Theimmunity conferred in this section also applies to any person who uses anautomated external defibrillator (AED) and otherwise meets the requirements ofthis section.

(a1)      Recodified as G.S.90‑21.16 by Session Laws 2001‑230, s. 1(a), effective October 1,2001.

(b)        Nothing in thissection shall be deemed or construed to relieve any person from liability fordamages for injury or death caused by an act or omission on the part of suchperson while rendering health care services in the normal and ordinary courseof his business or profession. Services provided by a volunteer health careprovider who receives no compensation for his services and who renders firstaid or emergency treatment to members of athletic teams are deemed not to be inthe normal and ordinary course of the volunteer health care provider's businessor profession.

(c)        In the event of anyconflict between the provisions of this section and those of G.S. 20‑166(d),the provisions of G.S. 20‑166(d) shall control and continue in full forceand effect.  (1975,2nd Sess., c. 977, s. 4; 1985, c. 611, s. 2; 1989, cc. 498, 655; 1991, c. 655,s. 1; 1993, c. 439, s. 1; 1995, c. 85, s. 1; 2000‑5, s. 4; 2001‑230,ss. 1(a), 2; 2009‑424, s. 1.)