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raining or the direction, other than in the course of his regular employment or profession, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.
7. For the purposes of subsection 6, a person who:
(a) Is required to be certified in the administration of cardiopulmonary resuscitation pursuant to NRS 391.092; and
(b) In good faith renders cardiopulmonary resuscitation on the property of a public school or in connection with a transportation of pupils to or from a public school or while on activities that are part of the program of a public school,
shall be presumed to have acted other than in the course of his regular employment or profession.
8. Any person who gratuitously and in good faith renders emergency medical care involving the use of an automated external defibrillator is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.
9. A business or organization that has placed an automated external defibrillator for use on its premises is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by the person rendering such care or for providing the automated external defibrillator to the person for the purpose of rendering such care if the business or organization:
(a) Complies with all current federal and state regulations governing the use and placement of an automated external defibrillator;
(b) Ensures that the automated external defibrillator is maintained and tested according to the operational guidelines established by the manufacturer; and
(c) Establishes requirements for the notification of emergency medical assistance and guidelines for the maintenance of the equipment.
10. As used in this section, “gratuitously” means that the person receiving care or assistance is not required or expected to pay any compensation or other remuneration for receiving the care or assistance.
(Added to NRS by 1963, 359; A 1965, 674; 1973, 433, 1432; 1975, 403; 1985, 1702, 1753; 1991, 2165; 1997, 1716, 1790; 1999, 484, 934; 2005, 2558)
NRS 41.503 Hospital care or assistance necessitated by traumatic injury; presumption regarding follow-up care.
1. Except as otherwise provided in subsection 2 and NRS 41.505:
(a) A hospital which has been designated as a center for the treatment of trauma by the Administrator of the Health Division of the Department of Health and Human Services pursuant to NRS 450B.237 and which is a nonprofit organization;
(b) A hospital other than a hospital described in paragraph (a);
(c) An employee of a hospital described in paragraph (a) or (b) who renders care or assistance to patients;
(d) A physician or dentist licensed under the provisions of chapter 630, 631 or 633 of NRS who renders care or assistance in a hospital described in paragraph (a) or (b), whether or not the care or assistance was rendered gratuitously or for a fee; and
(e) A physician or dentist licensed under the provisions of chapter 630, 631 or 633 of NRS:
(1) Whose liability is not otherwise limited pursuant to NRS 41.032 to 41.0337, inclusive; and
(2) Who renders care or assistance in a hospital of a governmental entity that has been designated as a center for the treatment of trauma by the Administrator of the Health Division of the Department of Health and Human Services pursuant to NRS 450B.237, whether or not the care or assistance was rendered gratuitously or for a fee,
that in good faith renders care or assistance necessitated by a traumatic injury demanding immediate medical attention, for which the patient enters the hospital through its emergency room or trauma center, may not be held liable for more than $50,000 in civil damages, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant arising out of any act or omission in rendering that care or assistance if the care or assistance is rendered in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct.
2. The limitation on liability provided pursuant to this section does not apply to any act or omission in rendering care or assistance:
(a) Which occurs after the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient, unless surgery is required as a result of the emergency within a reasonable time after the patient is stabilized, in which case the limitation on liability provided by subsection 1 applies to any act or omission in rendering care or assistance which occurs before the stabilization of the patient following the surgery; or
(b) Unrelated to the original traumatic injury.
3. If:
(a) A physician or dentist provides follow-up care to a patient to whom he rendered care or assistance pursuant to subsection 1;
(b) A medical condition arises during the course of the follow-up care that is directly related to the original traumatic injury for which care or assistance was rendered pursuant to subsection 1; and
(c) The patient files an action for malpractice based on the medical condition that arises during the course of the follow-up care,
there is a rebuttable presumption that the medical condition was the result of the original traumatic injury and that the limitation on liability provided by subsection 1 applies with respect to the medical condition that arises during the course of the follow-up care.
4. For the purposes of this section:
(a) “Reckless, willful or wanton conduct,” as it applies to a person to whom subsection 1 applies, shall be deemed to be that conduct which the person knew or should have known at the time he rendered the care or assistance would be likely to result in injury so as to affect the life or health of another person, taking into consideration to the extent applicable:
(1) The extent or serious nature of the prevailing circumstances;
(2) The lack of time or ability to obtain appropriate consultation;
(3) The lack of a prior medical relationship with the patient;
(4) The inability to obtain an appropriate medical history of the patient; and
(5) The time constraints imposed by coexisting emergencies.
(b) “Traumatic injury” means any acute injury which, according to standardized criteria for triage in the field, involves a significant risk of death or the precipitation of complications or disabilities.
(Added to NRS by 2002 Special Session, 4)
NRS 41.505 Physicians, dentists, nurses and emergency medical attendants; licensed medical facilities in which certain emergency obstetrical care is rendered.
1. Any physician or registered nurse who in good faith gives instruction or provides supervision to an emergency medical attendant or registered nurse, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in giving that instruction or providing that supervision. An emergency medical attendant, registered nurse or licensed practical nurse who obeys an instruction given by a physician, registered nurse or licensed practical nurse and thereby renders emergency care, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in rendering that emergency care.
2. Except as otherwise provided in subsection 3, any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state, who renders emergency care or assistance in an emergency, gratu
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