Medical Samaritans: Is There A Duty To Treat?

Oxford Journal of Legal Studies 21 (3):393-413 (2001)

This article argues that doctors and other health care professionals should be obliged to provide emergency treatment to those in immediate and nearby need regardless of the absence of any prior professional relationship between the parties. It concludes that the common law should accordingly recognize a specific duty of ‘medical rescue’. It examines some of the conventional objections to affirmative duties, finding them unconvincing in this particular context. It draws on two recent appellate decisions, one Australian and the other English, for support, as well as on more general arguments concerning moral sentiment, professional ethics, public expectation, and respect for human rights
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1093/ojls/21.3.393
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 41,608
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles


Added to PP index

Total views
67 ( #116,475 of 2,249,304 )

Recent downloads (6 months)
3 ( #605,367 of 2,249,304 )

How can I increase my downloads?


My notes

Sign in to use this feature