What
the statutes mean
A chiropractor that voluntarily renders
care at the scene of an accident or an emergency is immune from civil liability
(malpractice) for the emergency care they render. This immunity does not apply
if you receive any form of compensation for your care regardless of the circumstances
under which the care was rendered.
A chiropractor is also granted immunity
from civil liability for care they render to a participant in an athletic event
sponsored by a nonprofit corporation, a public or private school, or a public
agency as long as
• your care in rendered at the site
of the event or contest or in a locker room or similar facility immediately before,
during or immediately after the event or contest.
• you do not receive
compensation for the health care, other than reimbursement for expenses.
Statute
excerpts
895.48(1) Any person who renders emergency care at the scene
of any emergency or accident in good faith shall be immune from civil liability
for his or her acts or omissions in rendering such emergency care. This immunity
does not extend when employes trained in health care or health care professionals
render emergency care for compensation and within the scope of their usual and
customary employment or practice at a hospital or other institution equipped with
hospital facilities, at the scene of any emergency or accident, enroute to a hospital
or other institution equipped with hospital facilities or at a physician’s
office.
895.48(1m) Any physician licensed under ch. 448, chiropractor licensed
under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed
under s. 146.50, physician assistant licensed under ch. 448, registered nurse
licensed under ch. 441 or massage therapist or bodyworker issued a license of
registration under subch. X [XI] of ch. 440 who renders voluntary health care
to a participant in an athletic event or contest sponsored by a nonprofit corporation,
as defined in s. 46.93 (1m) (c), a private school, as defined in s. 115.001 (3r),
a public agency, as defined in s. 46.93 (1m) (e), or a school, as defined in s.
609.655 (1) (c), is immune from civil liability for his or her acts or omissions
in rendering that care if all of the following conditions exist:
895.48(1m)(a)
The health care is rendered at the site of the event or contest, during transportation
to a health care facility from the event or contest, or in a locker room or similar
facility immediately before, during or immediately after the event or contest.
895.48(1m)(b)
The physician, chiropractor, dentist, emergency medical technician, physician
assistant, registered nurse, massage therapist or bodyworker does not receive
compensation for the health care, other than reimbursement for expenses.
