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Members of Congress Are Needlessly Scaring Volunteers
Americans are volunteering in unprecedented numbers and existing
laws protect them.
(Wednesday, September 14, 2005) - The notion that health care
professionals are refusing to treat victims of Katrina because they
fear being sued is ridiculous. Equally ridiculous is the suggestion
that individual Americans also fear being sued if they volunteer to
help. In fact, in the wake of Katrina, Americans are volunteering
in unprecedented numbers; the legal system is not an impediment.
The public should know that there are already in place federal and
state laws that provide liability protection to citizen volunteers,
including—and in some cases, especially—doctors who come
to the aid of victims in an emergency.
The legislation rushed to the floor and passed by the U.S. House
of Representatives (H.R. 3736) solves a problem that doesn't exist
and broadens immunity to include all volunteer organizations, including,
for example, the controversial KKK and the North American Man/Boy
Love Association.
National Non-Profit Risk Management Center Confirms Volunteers
are Protected
We already know that Americans by the droves are volunteering to help
victims of Katrina; some are even being turned away or being asked
to wait—there is no shortage of people offering to come forward.
That is hardly surprising.
Consider these general findings, taken from a recent publication
of the National Nonprofit Risk Management Center:
"The statistics on volunteerism collected by the national
umbrella organization Independent Sector counter the notion that
fear of liability has dissuaded large groups of people from volunteering.
According to Independent Sector, between 1980 and 1995, the number
of volunteers in the United States grew from 80 million to 93 million,
an increase of 16 percent, and a record 90 percent of individuals
volunteered when asked.
Although we are somewhat doubtful about the claims that large numbers
of persons have declined to volunteer due to fear about personal
liability, we acknowledge that these fears have persisted during
the past two decades…Despite this fear, we have yet to hear
from someone whose fear of liability has led to the decision to
cease participating as a volunteer in any form." (Source: State
Liability Laws for Charitable Organizations and Volunteers; Nonprofit
Risk Management Center; August, 2005).
Federal Laws Protecting Volunteers
In 1997, Congress passed the Volunteer Protection Act, immunizing
volunteers, including licensed health care professionals, who volunteer
services to governmental entities or nonprofit organizations. Such
volunteers may not be sued for negligence.
In 1996, to encourage individuals to donate food and grocery products
to nonprofit organizations for distribution to needy individuals,
Congress passed the Good Samaritan Food Donation Act. The law protects
food donors from civil and criminal liability if the food, donated
in good faith, later causes harm.
State Laws Protecting Volunteers
Every state has a law - most have several laws - that provide liability
protection to volunteers. It is worth noting that every state has
enacted a Good Samaritan statute that shields persons who provide
emergency assistance. Although these statutes vary from state to state,
they typically shield persons who provide emergency assistance from
civil liability, as long as that person wasn't reckless (or, under
some laws, not grossly negligent) in providing the emergency care.
Persons already legally obligated to deliver the emergency care are
not protected under these Good Samaritan statutes.
At least 43 states have separate laws that protect doctors who provide
services to the uninsured (many of the Katrina evacuees will qualify
under this category.) The American Academy of Family Physicians advises
doctors that "few liability claims arise from physicians volunteering
to care for uninsured or underserved populations."
September 14, 2005
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