Legal Aspects of Performing CPR: Duty to Act, Negligence, Consent, Good Samaritan Laws

Legal considerations for lay and professional rescuers:

1. Duty to Act

Generally no legal duty for bystanders. Exceptions: special relationship (parent-child, employer-employee), statutory duty (some jurisdictions for trained professionals), or voluntary assumption of care.

2. Negligence

Breach of standard of care (what a reasonable person with same training would do). Gross negligence = reckless disregard. Proper technique per current guidelines is the defense.

3. Consent

• Expressed: Conscious adult agrees.
• Implied: Unconscious, incapacitated, or minor without guardian—law presumes consent for life-saving care.
• Refusal: Competent adult may refuse; must be honored.

4. Training/Certification

Not legally required for bystanders, but expected standard. Expired card ≠ negligence per se, but may affect liability analysis.

5. Good Samaritan Laws

All 50 U.S. states + many countries provide immunity for good faith emergency care by laypersons. Protection varies: some require certification, some exclude gross negligence, some only cover AED use. Know your jurisdiction.

6. Professional Liability

Healthcare providers held to professional standard (duty exists). Malpractice risk if deviation from standard of care.

Bottom line: Fear of liability should not deter CPR. Good Samaritan laws strongly protect lay rescuers. Act reasonably, follow training.