Under what circumstance do Good Samaritan Laws not protect EMTs?

Good Samaritan Laws are designed to encourage individuals, including EMTs, to assist in emergency situations without fear of legal repercussions, provided they act in good faith and within the scope of their training. However, these laws do not provide protection when an EMT or any other responder acts in a grossly negligent manner.

Gross negligence typically refers to a lack of care that demonstrates a reckless disregard for the safety and well-being of others, which is significantly more severe than ordinary negligence. If an EMT engages in actions that are fundamentally unsafe or irresponsible, such as providing care that they know is contraindicated or failing to provide care to the best of their abilities, they can be held liable for any resulting harm. This is important to ensure that responders maintain a standard of care in emergency situations.

The other options do not necessarily indicate situations where protection under Good Samaritan Laws would be at risk. Acting spontaneously or as a volunteer still falls under the protections offered by these laws as long as the actions taken are not grossly negligent. Following established protocols indicates that the responder is acting within their training, which also typically provides legal protection in most emergency scenarios.