Good Samaritans

Published

http://www.latimes.com/news/local/la-me-good-samaritan19-2008dec19,0,4033454.story

this just scares me. if you stop to help someone in california, and they are injured as a result of your help, you can be sued! it's just a matter of time before this trickles across the states.

this will certainly make me think twice before stopping.

I think everyone had the same knee-jerk reaction when they saw this story, but a closer read of what the court said makes it look much more reasonable. Basically, to summarize:

Good Samartain laws protect Medical Professionals, not laypeople

- the point of the law was to protect us when we render medical care in the field

- the point was not to give average people free reign to intervene however they choose in an emergency

We are still protected as long as we remain within our training, acting with reasonable care

- an RN who sees a car accident, and calls 911, immobilizes the C-spine, and gives CPR is still safe

- an EMT who extracts an accident victim from a car is still safe

- an accountant who decides to perform a tracheostomy with a butter knife is not

The girl in the story was likely drunk and acted like a fool

- the story about leaking fuel was contradicted by everyone at the scene, so she was probably making it up

Nobody has said she will actually be liable for anything

- this was a purely technical ruling, not a finding against the girl

- a trial will determine whether or not she acted inappropriately and actually caused a worsening of the initial injury; the plaintiff will have to show both before she has any hope of seeing a dime from her friend

We are still protected as long as we remain within our training, acting with reasonable care

- an RN who sees a car accident, and calls 911, immobilizes the C-spine, and gives CPR is still safe

I couldn't have said it better myself.

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