Medical law: Good Samaritan: practice question

A Forensic Medicine question in the style of the NEET PG paper. Answer it first, then read why the right option is right and why each of the others is wrong.

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Forensic Medicine · Medical law: Good Samaritan

Sample item

A passer-by brings a road accident victim to a hospital. The staff insist he fill in forms and stay until police arrive. What is the legal position?

AHe cannot be compelled to disclose his identity or stay and is protected from civil and criminal liabilityBHe may be held liable if the victim dies in hospitalCHe must pay the initial treatment costDHe must stay and give a statement, or he may be prosecuted

Original practice item, not a recalled exam question. Nothing here is recorded.

The answer and the reasoning

A. He cannot be compelled to disclose his identity or stay and is protected from civil and criminal liability

Section 134A of the Motor Vehicles Act and Supreme Court directions protect a Good Samaritan from civil and criminal liability. He need not disclose his name or address, may leave after giving the information, and the hospital must not demand payment or delay emergency care.

Option by option

A. He cannot be compelled to disclose his identity or stay and is protected from civil and criminal liability (correct)
Correct. The law shields the helper and removes pressure to stay or identify himself.
B. He may be held liable if the victim dies in hospital
Death of the victim does not create liability for a bystander who acted in good faith.
C. He must pay the initial treatment cost
Hospitals cannot demand payment from the bystander.
D. He must stay and give a statement, or he may be prosecuted
Compulsion to stay is the deterrent the Good Samaritan law removed.

Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.

Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is A, He cannot be compelled to disclose his identity or stay and is protected from civil and criminal liability. Section 134A of the Motor Vehicles Act and Supreme Court directions protect a Good Samaritan from civil and criminal liability.

Why is "He may be held liable if the victim dies in hospital" not the answer?

Death of the victim does not create liability for a bystander who acted in good faith.

Why is "He must pay the initial treatment cost" not the answer?

Hospitals cannot demand payment from the bystander.

Why is "He must stay and give a statement, or he may be prosecuted" not the answer?

Compulsion to stay is the deterrent the Good Samaritan law removed.

What concept does this question test?

It tests Medical law: Good Samaritan in Forensic Medicine. He need not disclose his name or address, may leave after giving the information, and the hospital must not demand payment or delay emergency care.

How hard is this question?

We tag it as an application question: it asks you to use a fact on a patient or a finding. The tag is our own editorial judgement, not an official difficulty rating, so read the reason for every option, not only the answer.

How should I study Medical law: Good Samaritan?

Learn postmortem changes with their timelines, and toxicology as poison, sign, test and antidote. Then use the flashcards and the other Forensic Medicine questions on this site to test what stuck.

Is this a real NEET PG question?

No. It is an original practice item (editorial status: sample, version 1). NextPrep does not publish recalled or leaked questions, and independent faculty review of this item has not been completed yet, so confirm important facts in a standard textbook.