The nurse drives by an accident on the way home from work and does not stop to help because the child care agency is about to close. One of the victims recognizes the nurse and attempts to bring suit against the nurse
Which of the following is the correct statement regarding this situation? 1. The nurse cannot be held liable, because there was no duty to the victims.
2. The nurse is liable for any further injuries the victims sustained after driving by the accident.
3. The nurse can be held liable for failure to act.
4. The nurse would only be liable if she stopped to help and did something wrong.
1
Rationale 1: Answer option 1 is correct because the nurse had no legal duty to the victims of the accident, although it could be debated whether there was an ethical obligation to help. Option 2 is not correct, because the nurse had no duty to act and did not provide care. Option 3 is incorrect because there was no duty for the nurse to stop. There are states, and provinces in Canada, that do require any citizen to stop and give aid to those in danger. Option 4 is not correct, because the Good Samaritan law protects any person who aids a victim, provided she acts in a reasonable and prudent manner.
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