Recently I came upon a horrific car accident. I did not stop since there were already many people at the scene and I could hear the emergency response vehicles in the distance. I could see that the jaws of life would be needed to get the victims out. I later learned that the passenger died on impact and the driver is in critical condition. Last year I witnessed a car go head first into a ravine at about 60mph. I did stop, along with an off duty paramedic. The 2 men in the car crawled out and were bleeding from many facial cuts. The paramedic instructed them both to lay down and not to move, handed them each a towel to hold pressure on their cuts. He called 911. He never touched either of them.
This recent accident has started a big discussion amongst many nurses I know. Several of them said they do not stop at accidents because the Good Samaritan Law is for non-medical people and that a professional could be held liable if they do something considered negligent. The definition of negligent being whether other nurses would have done the same thing under the same circumstances. For most there seems to be a fear that as a nurse, you might be called upon (at your expense) to defend your actions.
I have researched this law and see that it is different state by state. Here is a summary from Wikipedia:
Good Samaritan laws are laws or acts protecting those who choose to serve and tend to others who are injured or ill. They are intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death. In Canada, a good Samaritan doctrine is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for 'wrongdoing'. Its purpose is to keep people from being reluctant to help a stranger in need for fear of legal repercussions should they make some mistake in treatment.[1] Good Samaritan laws vary from jurisdiction to jurisdiction, as do their interactions with various other legal principles, such as consent, parental rights and the right to refuse treatment. Such laws generally do not apply to medical professionals' or career emergency responders' on-the-job conduct, but some extend protection to professional rescuers when they are acting in a volunteer capacity.
I am a Home Care Nurse and it's been many years since my ER training and experience in Critical Care in a hospital setting. So critical first aid is not my expertise. Has anyone heard of a nurse having to defend her actions after giving emergency care at the scene of an accident? What are your thoughts on this? Do you stop at every accident? If you have a minute, google the Good Samaritan Law in your state and see what it says about off duty professionals. I'd be interested in what other nurses think and how you interpret the law.
