Under the Emergency defense, a health care practitioner who comes to the aid of an accident victim at the scene would not be held liable.
In this Guidebook, a person who is licensed or otherwise authorized by a state to provide health care services is referred to as a health care practitioner, licensed health care practitioner, licensed practitioner, or practitioner. Alternatively, any person who falsely represents themselves to be a health care practitioner without having the necessary qualifications is also referred to as a practitioner.
The defense against an unexpected emergency is an affirmative one. The defendant argues that when faced with an unexpected and urgent event that required an immediate response, they reacted appropriately. This is known as the sudden emergency defense.
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