1998年に米国で制定されたAviation Medical Assistance Act of 1998という法律に, 故意もしくは重過失の場合を除き機内急病人治療に当たった 医療従事者・航空会社は米国内の裁判所にて損害賠償責任を免れる,とあります. (SEC. 5. LIMITATIONS ON LIABILITYとSEC. 6. DEFINITIONS.参照)
上記法律の見方. 1. http://thomas.loc.gov./へアクセス. 2. Bill Summary & Status: 106th or PreviousのPreviousをクリック 3. Bill Summaryの105 (1997-98)をクリック 4. 2. Bill Numberに,`h.r. 2843‘ と入れて`Search’をクリック. 5. 5. Aviation Medical Assistance Act of 1998 (Enrolled Bill)[H.R.2843.ENR]をクリック.
Aviation Medical Assistance Act of 1998の SEC. 5. LIMITATIONS ON LIABILITYとSEC. 6. DEFINITIONS.
SEC. 5. LIMITATIONS ON LIABILITY.
(a) LIABILITY OF AIR CARRIERS- An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the air carrier in obtaining or attempting to obtain the assistance of a passenger in an in-flight medical emergency@` or out of the acts or omissions of the passenger rendering the assistance@` if the passenger is not an employee or agent of the carrier and the carrier in good faith believes that the passenger is a medically qualified individual.
(b) LIABILITY OF INDIVIDUALS- An individual shall not be liable for damages in any action brought in a Federal or State court arising out of the acts or omissions of the individual in providing or attempting to provide assistance in the case of an in-flight medical emergency unless the individual@` while rendering such assistance@` is guilty of gross negligence or willful misconduct.
(1) the terms `air carrier'@` `aircraft'@` `airport'@` `interstate air transportation'@` `overseas air transportation'@` and `foreign air transportation' have the meanings such terms have under section 40102 of title 49@` United States Code;
(2) the term `major air carrier' means an air carrier certificated under section 41102 of title 49@` United States Code@` that accounted for at least 1 percent of domestic scheduled-passenger revenues in the 12 months ending March 31 of the most recent year preceding the date of the enactment of this Act@` as reported to the Department of Transportation pursuant to part 241 of title 14 of the Code of Federal Regulations; and
(3) the term `medically qualified individual' includes any person who is licensed@` certified@` or otherwise qualified to provide medical care in a State@` including a physician@` nurse@` physician assistant@` paramedic@` and emergency medical technician.