Yes, you can potentially be sued for doing CPR, but being sued does not automatically mean you are legally responsible for an injury or other harm. Good Samaritan laws provide civil liability protection for emergency assistance in many situations, although the requirements and scope of protection vary by state. These laws are intended to encourage people to provide reasonable emergency care rather than hesitate because they fear legal consequences.
CPR involves forceful chest compressions, rescue breathing when appropriate, and AED use, so injuries such as broken ribs can occur even when CPR is performed correctly. Legal questions can also involve alleged negligence, improper CPR technique, consent, Do Not Resuscitate (DNR) orders, or whether the rescuer was acting as a healthcare professional. Understanding CPR liability and Good Samaritan protection can help you know what legal protections may apply when providing emergency assistance.
This guide explains how common lawsuits involving bystander CPR are, why someone might sue after CPR, how Good Samaritan laws protect rescuers, whether CPR certification is required, and what to do if you are sued after providing CPR.
How Common Is It to Get Sued for Doing CPR?
Lawsuits against people who provide bystander CPR appear to be uncommon, although there is no comprehensive national database that records every CPR-related lawsuit.
A 2020 study published in Resuscitation reviewed U.S. legal records involving CPR from 1989 through 2019. Researchers manually reviewed 506 cases and identified 170 cases directly related to CPR. Of those 170 cases, 167 involved inadequate or untimely bystander CPR, while only three involved allegations of harm from providing CPR.
This distinction is important. A lawsuit can arise from CPR being delayed or not provided at all, as well as from CPR that was actually performed. The available research indicates that legal cases involving failure to provide or adequately perform CPR were much more common than cases alleging harm from performing CPR.
The study does not establish that a person can never be sued for performing CPR. Instead, it shows that lawsuits alleging harm from bystander CPR were rare within the legal cases reviewed.
Why Might Someone Sue After CPR?
Someone could potentially file a lawsuit after CPR if they believe the rescuer’s actions caused an injury or that the CPR was performed improperly. However, being sued does not mean the rescuer is legally responsible, and Good Samaritan laws can provide protection when their requirements are met.
Common reasons someone might bring a legal claim after CPR include:
- Broken ribs or other injuries: Chest compressions require force and can cause injuries even when CPR is performed correctly.
- Alleged improper CPR: A claimant might argue that the rescuer used incorrect technique, hand placement, compression depth, or another aspect of CPR.
- Alleged negligence: Someone could claim that the rescuer’s actions fell below the applicable legal standard of care.
- Additional harm: A claimant might allege that CPR worsened an existing injury or caused another injury.
- Consent-related disputes: Questions about consent can arise when emergency care is provided to an unconscious or unresponsive person.
- Do Not Resuscitate (DNR) orders: A legal claim could potentially arise when CPR is performed despite a valid and applicable DNR order or other legally recognized advance directive. The rules governing DNR orders, how they must be documented, and who is required to honor them vary by state and situation.
- Professional liability: Healthcare providers and other trained responders can face different legal considerations depending on whether they were acting voluntarily or as part of their professional duties.
Should Fear of Being Sued Stop You From Performing CPR?
No. Fear of being sued should not stop you from performing CPR when someone is experiencing a suspected cardiac arrest. Delaying CPR can reduce the person’s chance of survival, while Good Samaritan laws provide legal protections for emergency assistance in many circumstances.
If an adult suddenly collapses, is unresponsive, and is not breathing normally or is only gasping, take immediate action:
- Call 911 or activate the emergency response system.
- Start CPR as soon as possible.
- Use Hands-Only CPR if you are an untrained bystander or do not provide rescue breaths.
- Ask someone to get an AED if one is available.
- Use the AED as soon as it arrives and follow its instructions.
- Continue CPR until emergency responders take over, the person shows signs of life, the scene becomes unsafe, or you are unable to continue.
The American Heart Association states that fear of legal consequences is one reason people hesitate to perform CPR and emphasizes the importance of immediate bystander action during cardiac arrest.
You do not need to perform CPR perfectly to attempt to help. Good Samaritan laws are designed to encourage people to provide reasonable emergency assistance without fear that an unintended injury will automatically result in civil liability. However, the specific legal protection depends on the state and circumstances.
How Do Good Samaritan Laws Protect You?
Good Samaritan laws protect people who provide emergency assistance in certain circumstances by limiting their civil liability for unintended harm that occurs while helping. These laws are designed to encourage bystanders to respond to emergencies rather than avoid helping because they are afraid of being sued. The exact protection depends on the state and the circumstances of the emergency.
For someone performing CPR, Good Samaritan protection generally means that an injury occurring during an emergency response does not automatically make the rescuer legally liable. For example, chest compressions can cause broken ribs or other injuries, but the occurrence of an injury alone does not establish negligence.
What Conditions Must You Fulfill for Good Samaritan Protection?
The exact requirements depend on the state where the emergency occurs. Common elements of Good Samaritan protection can include:
The Situation Must Involve an Emergency
Good Samaritan statutes generally apply to emergency situations rather than ordinary medical treatment.
Utah law, for example, defines an emergency as an unexpected occurrence involving injury, a threat of injury, or illness to a person or the public. It defines emergency care to include assistance or advice intended to avoid, mitigate, or attempt to mitigate the effects of an emergency.
You Must Act in Good Faith
Good faith generally means that you are genuinely attempting to help rather than acting with an improper purpose.
For example, a bystander who sees an unresponsive person, calls 911, and begins CPR because they believe the person is experiencing cardiac arrest is responding to an apparent emergency.
The Assistance Generally Must Be Voluntary or Gratuitous
Many Good Samaritan laws condition protection on the rescuer providing emergency assistance voluntarily and without compensation.
The exact wording differs between jurisdictions, so you should not assume that the same requirement applies identically in every state.
You Must Not Engage in Conduct Excluded by the Law
Good Samaritan laws generally do not provide unlimited protection for every action taken during an emergency. Gross negligence, willful misconduct, or other specified conduct can fall outside statutory protection depending on the jurisdiction.
Utah’s statute specifically excludes protection when the rescuer is grossly negligent or caused the emergency.
You Should Follow Appropriate Emergency-Response Procedures
Calling emergency services, starting appropriate CPR, using an AED when available, and following dispatcher or AED instructions are important components of an emergency response.
Good Samaritan laws do not require every bystander to perform CPR perfectly. Their purpose is to address liability arising from emergency assistance under the conditions established by the applicable law.
Are Good Samaritan Laws the Same in Every U.S. State?
No. Good Samaritan laws are not identical across the United States.
All 50 states and the District of Columbia have some form of Good Samaritan protection, but the statutes differ in their language, who they protect, what emergency care they cover, and the circumstances under which immunity applies.
Differences can involve:
- Whether protection applies to all bystanders or specific trained individuals
- Whether healthcare professionals receive separate protections
- Whether compensation affects protection
- What types of emergency care are covered
- Whether ordinary negligence is protected
- Exceptions for gross negligence or willful misconduct
- Rules concerning AED use
- Requirements involving consent
For this reason, information about CPR liability in one state should not automatically be treated as legal advice for another state.
Do Healthcare Providers Get Good Samaritan Protection?
Healthcare providers can receive Good Samaritan protection, but their legal situation can differ from that of an ordinary bystander.
Good Samaritan laws often contain specific provisions for physicians, nurses, EMTs, paramedics, and other healthcare professionals. The applicable protection can depend on whether the professional is responding voluntarily outside their normal professional duties, acting within a healthcare facility, or providing care as part of their employment.
A review of Good Samaritan statutes found that all U.S. jurisdictions provide some statutory protection for medical professionals, but the specific language and scope vary by jurisdiction. Healthcare providers should therefore avoid assuming that the protections available to an ordinary bystander automatically apply in the same way to their professional conduct.
Do You Need to Be CPR Certified to Perform CPR?
No, you do not generally need to be CPR certified to perform CPR during an emergency. CPR certification is valuable because it teaches you how to recognize cardiac arrest, perform high-quality chest compressions, provide rescue breaths, and use an AED, but certification is not generally a prerequisite for a bystander to provide emergency assistance.
If you see an adult or teenager suddenly collapse, and the person is unresponsive and not breathing normally or is only gasping, call 911 and start CPR immediately. If you are untrained or do not want to provide rescue breaths, Hands-Only CPR is an option for a sudden adult or teenage collapse. It involves calling 911 and pushing hard and fast in the center of the chest.
What Should You Do If You Are Sued After Performing CPR?
If you are sued after performing CPR, do not ignore the legal documents or assume that you are automatically liable for the person’s injuries. Good Samaritan laws can provide civil liability protection when their requirements are satisfied, but they do not necessarily prevent someone from filing a lawsuit. For example, Utah law generally protects a person who provides emergency care gratuitously and in good faith unless the person was grossly negligent or caused the emergency.
If you receive a lawsuit or other legal notice after providing CPR, take these steps:
- Do not ignore the lawsuit. Read the complaint, summons, or other documents carefully and note any deadlines for responding.
- Contact a qualified attorney. A lawyer can determine whether a Good Samaritan law or another legal protection applies to your situation.
- Document what happened. Write down what you remember about the emergency, when you arrived, what you observed, what CPR you performed, when 911 was called, and when professional responders took over.
- Identify witnesses and preserve evidence. Keep relevant messages, photographs, videos, 911 information, and contact details for people who witnessed the emergency.
- Avoid discussing the case publicly. Do not post details about the incident on social media or make statements to the other party without legal advice.
- Let your attorney evaluate Good Samaritan protection. The applicable state law, circumstances of the emergency, your conduct, and whether you acted in good faith can affect whether statutory protection applies.
Learn CPR and Get Certified in Utah
Although being sued after performing CPR is possible, legal cases alleging harm caused by bystander CPR appear to be uncommon. In many emergency situations, Good Samaritan laws provide civil liability protection to people who step in to help. However, because the requirements and scope of these protections vary by state, it’s important to understand the laws that apply where you live. By knowing your legal protections and learning how to respond appropriately, you can feel more prepared to act quickly when someone experiences a cardiac emergency.
With that preparation in mind, CPR training can provide the hands-on experience you need to respond effectively in an emergency. Utah CPR Classes offers AHA CPR, PALS, ACLS, and BLS certification courses with practical training in chest compressions, rescue breathing, AED use, and other essential emergency-response skills. Whether you’re preparing for a workplace requirement or simply want to be ready to help, choosing the right course can help you build the skills and confidence to respond when every second matters.
Ready to get prepared? Book your CPR certification course today and take the next step toward being ready to respond when it matters most.
