• People often hesitate to help those in danger due to fear of legal or financial repercussions, such as being blamed for worsening the victim’s condition.
  • A Good Samaritan Law is being considered in Malaysia to protect individuals who offer aid during emergencies, encouraging bystanders to intervene without the risk of legal consequences.
  • Similar laws have been implemented in countries like the US, Germany, and China, where they offer legal protection for those who assist in emergencies, with varying degrees of enforcement.

KUALA LUMPUR, Dec 30 — Lily Tan, 40, was driving home when a lorry rammed into her car as she passed through a cross junction.

Her car spun out of control and came to a halt in a ditch. She expected help to arrive immediately, but no one came to her aid for nearly 10 minutes.

Finally, a man in his 50s approached her from a nearby coffee shop before reassuring her that she was safe, and helped her out of the car.

However, Tan overheard faint voices from other passers-by saying, “You should wait for the police. Be careful — you don’t want to be blamed for worsening her injuries.”

This hesitation to help is not an isolated incident. Many bystanders fear potential legal or financial implications if their assistance in intentionally worsens the victim’s condition.

What is a ‘Good Samaritan’?

  • A “Good Samaritan” refers to a person who helps others in need, often in an unselfish and compassionate way, without expecting anything in return.
  • The term originates from a biblical parable in the Gospel of Luke, where a Samaritan man helps a stranger who has been beaten and left by the side of the road, even though others passed by without offering assistance.

Health Minister Datuk Seri Dzulkefly Ahmad recently announced that Putrajaya is looking at introducing a Good Samaritan Law, to enhance emergency response systems and improve survival rates for incidents like sudden cardiac arrest (SCA).

Malaysia’s survival rate for SCA is alarmingly low, with fewer than 1 per cent of victims surviving due to inaction.

Dzulkefly noted that for every minute without intervention, a victim’s chances of survival decrease by 10 per cent.

Although the law is not expected to be enacted immediately, it raises questions about its potential impact and how similar laws operate in other countries.

How does a Good Samaritan Law work?

The Good Samaritan Law is designed to:

  • protect individuals who assist those they believe to be injured or in danger
  • ensure that bystanders can offer help without fear of legal repercussions, such as lawsuits from the person they tried to assist
  • encourage the public to step in during emergencies before authorities or medical professionals arrive.

Where have Good Samaritan Laws been introduced?

United States: All 50 states and Washington, D.C., have Good Samaritan laws. For example:

  • In Oklahoma, protection is limited to untrained rescuers providing CPR or controlling bleeding.
  • In Vermont, individuals can be fined for failing to assist someone in need.
  • In Michigan, the law also protects those who choose not to intervene.

Germany: Failing to assist someone in need is punishable under the penal code. However, helpers cannot be prosecuted, even if their assistance does not meet first-aid standards or worsens the outcome.

India: The law provides legal protection to good Samaritans offering emergency medical care within the “Golden Hour” (the first hour after injury).

Argentina: Harsher penalties exist for abandoning someone in jeopardy or failing to assist them.

China: It was after the occurrence of two high-profile incidents that was widely reported, prompted talks to enact the Good Samaritan Law.

  • The first case happened in 2006, the outcome of the Peng Yu case discouraged passers-by from offering help after Peng was accused of causing the injuries of the person he assisted. Peng was helping a lady who had fallen and broke her femur. However, he was later accused by the lady that he was the cause of her injury and had taken him to court. The lady, known as Xu Shoulan won the case.
  • The second case occurred in 2011, whereby Wang Yue, a toddler, was fatally injured after being run over. Eighteen passers-by ignored her, sparking outrage.

These incidents led to the introduction of the law in Shenzhen in 2013 and nationwide in 2017.

Apart from Malaysia, among other countries that do not yet have a Good Samaritan Law are Pakistan, South Africa, New Zealand, Singapore, and the United Kingdom.