`Good Samaritans' will now be protected by new legislation
The next time someone rushes to the aid of an injured or sick person, they need not worry that they might get sued if a mistake is made.
New legislation debated in the House of Assembly yesterday protects "Good Samaritans'' from litigation for legitimate mistakes and unnecessary civil action.
Health Minister Nelson Bascome said the Volunteer Liability Act protected the "reasonable and prudent'' person who helped another in need.
Mr. Bascome said, while there have been few occasions in which such a person has been sued, the world had seen the introduction of such legislation.
The only thing left out of the Act was the extension of protection for civilians who use heart defibrillators, because there were so few of them and only a relatively small number of people qualified to use them.
Mr. Bascome said once compact and portable units become available, for example at beaches, then it might be necessary to amend the Act and protect their usage.
Opposition MPs generally supported the Act, but noted drafting and policy making on it had started during the last United Bermuda Party Government.
And Opposition Leader Pamela Gordon hit back at Government claims of "innovation'' by saying the Act appeared to be "lifted directly from Canadian legislation''.
Shadow Health Minister Kim Young -- a qualified nurse -- approved the Act and recalled helping an American visitor involved in an accident before an ambulance arrived.
She was assisted by a passer-by who was unsure of himself and her heart sank some time later when the American woman's lawyer called for an interview.
The lawyer only called to get the facts of what happened, Mrs. Young said, and added: "This Act gives people, in that kind of situation, the confidence to do the best they can at the scene of an accident.
"It gives them a sense of security,'' she added.
Home Affairs Minister Paula Cox called the Act "provocative, progressive, and far reaching'' and said it would "inculcate a sense of caring'' among Bermudians.
She added: "This proactive legislation will foster an attitude of benevolence and altruism in the community.'' Ms Cox -- a lawyer -- also gave a definition of "gross negligence'', which was included in the Act, reserving prosecution for people who, despite their training or obligations, failed to provide proper assistance.