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I always thought being a good samaritan was the right thing to do. Well one of my nurse instructors told us that if we see someone who needs CPR dying in the street we should not get involved. That if the person dies or lives and the people find out we are nurses, that familes can try to sue (for broken ribs or permanent damages, etc..). She says it's best to just call 911 and wait until medical personell arrive and let them deal with it. Is this true?
Even if good Samaritan laws do not cover you (which they should), your malpractice insurance does.
You are to perform within your training. That means, if you have been trained in CPR, you should only do CPR. If you try to do a trach on a choking patient, and you have not been formally trained in performing them, then yes, you can get into trouble legally.
Your instructor appears to be a big idiot.
And according to this website, GS laws *do* cover nurses in California. Licensee refers to nurses and docs.
"No licensee, who in good faith renders emergency care at the scene of an emergency, shall be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care."
You can check out your state at this website:
This is an interesting discussion. I was always taught that you do what you can, because the law will cover you. Hwever, I just got recertified in cpr and took it at a paramedic school. The owner of the school taught the class and said that he has personally known a couple paramedics who were sued for performing cpr off duty because the patient (70 yr old man) had a couple broken ribs. Really made me think....
He also said that according to the law (well, at least here in Florida) you do not have to do ANYTHING (cpr, first aid etc) if it poses a threat to you. That includes not having a cpr mask or gloves as you could come into contact with bodily fluids. He says if you have a mask/gloves and you come across a car accident, then yes, you are obligated to perform cpr and first aid. If you dont have the supplies, then sit in your car and call 911. Thats all thats expected of you.
That is why I'm trained as an EMT and a RN...So i dont have to worry about this. I've hear similar stories to this, but i think it's a bunch of BS to be honest. I wouldn't be able to live with myself if I just called 911 and didnt do anything when I know that I could have possibly saved someone's life. Just MHO
Anybody can sue anybody for any reason. I'm sure the instructor was correct, I wouldn't be surprised to hear about some crazy law suit even with good Samaritan laws. So we can go through life doing nothing thinking I won't help, someone might sue me, or we can go through life thinking most people are good and I will help out. I heard a nurse was sued over a CPR case but it was because the accident victim's leg was lying on a hot tail pipe and was severly burned, that was the law suit, not the CPR part.
They CAN sue you for doing CPR.
They can also sue you for looking at them funny.
But they won't.
BEING ABLE TO SUE HAS NOTHING TO DUE WITH BEING ABLE TO SUE SUCCESSFULLY.
Being able to sue has nothing to do with whether the suit will get thrown out or fail, which a suit against you for performing CPR likely will. It will be thrown out or fail under your Good Samaritan law. All you have to do is perform up to the first responder level and within your training.
Remember, anyone suing you successfully has to prove two things:
1. You did something wrong whereas your peers would have done it right
2. Doing #1 caused damage.
You should research your state's Good Samaritan law and whether your state has a Duty to Act law because some due (eg making it illegal for an EMT or MD to drive past a wreck that doesn't have EMS on scene).
On CPR specifically, remember it is really hard to sue over CPR. People who need CPR are what?
THEY ARE DEAD!
It is hard to sue you for doing damage to a dead person. You pretty much need gross negligence, abandonment, failure to follow your CPR algorithm. If you perform CPR properly following your training, you are fine. If you don't think you can properly perform CPR, then go take a CPR refresher class.
SummitAP
EMT Instructor, AHA CPR Instructor, ASHI CPR Instructor
Ohio is the same.
Nurses are covered by good samaritan, but can be sued for NOT intervening.
Six years ago, a man just DROPPED in a convenience store while I was waiting in line to buy gas. I was just an emergency responder for a private company at the time, I was used to bandaging cuts and giving out aspirin, had only given CPR three times.
My problem: he had blood in his mouth (think he bit his tongue on the way down) and wasn't breathing. Now, we know that 'rescue breaths' aren't of the greatest importance, but this was when they were still teaching larger breaths and 15 to 2.
I had to stop and make a decision to breathe for him, at risk to myself. Yes, it was dangerous, and it is exactly why today, I always have a breathing barrier in my purse or bag. But to have not done ANYTHING...to think that there are people teaching others to let someone die rather than get involved - and that more to the point, they are teaching that to nurses.
Whatever happened to compassion?
This is an interesting discussion. I was always taught that you do what you can, because the law will cover you. Hwever, I just got recertified in cpr and took it at a paramedic school. The owner of the school taught the class and said that he has personally known a couple paramedics who were sued for performing cpr off duty because the patient (70 yr old man) had a couple broken ribs. Really made me think....He also said that according to the law (well, at least here in Florida) you do not have to do ANYTHING (cpr, first aid etc) if it poses a threat to you. That includes not having a cpr mask or gloves as you could come into contact with bodily fluids. He says if you have a mask/gloves and you come across a car accident, then yes, you are obligated to perform cpr and first aid. If you dont have the supplies, then sit in your car and call 911. Thats all thats expected of you.
Interesting since breaking ribs IS an expected outcome - especially for old frail people. I hear it can be high as 30%. So I wonder how far the lawsuit actually went?
From what I understand too:
Can I get sued if I perform CPR?
You theoretically could but there has never been a successful suit brought against someone performing CPR.
Kashia, ASN, LVN
284 Posts
I would have said "yeah, I'll remember that if you arrest"....lol
"sorry teach, havta hang on! their a-comin'' OMG!
How do people with this level intelligence end up being instructors??