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Someone in one of my classes today said that in our state (NC) it was a law that if any medical personnel arrive at the scene of an accident they are required by law to stop and render assistance. Is this true? If so, that is the first I've heard of it. Just curious.
604a.01 good samaritan law.subdivision 1. duty to assist. a person at the scene of an emergency who knows that another
person is exposed to or has suffered grave physical harm shall, to the extent that the person can
do so without danger or peril to self or others, give reasonable assistance to the exposed person.
reasonable assistance may include obtaining or attempting to obtain aid from law enforcement or
medical personnel. a person who violates this subdivision is guilty of a petty misdemeanor.
subd. 2. general immunity from liability. (a) a person who, without compensation or the
expectation of compensation, renders emergency care, advice, or assistance at the scene of an
emergency or during transit to a location where professional medical care can be rendered, is
not liable for any civil damages as a result of acts or omissions by that person in rendering the
emergency care, advice, or assistance, unless the person acts in a willful and wanton or reckless
manner in providing the care, advice, or assistance. this subdivision does not apply to a person
rendering emergency care, advice, or assistance during the course of regular employment, and
receiving compensation or expecting to receive compensation for rendering the care, advice, or
assistance.
(b) for the purposes of this section, the scene of an emergency is an area outside the confines
of a hospital or other institution that has hospital facilities, or an office of a person licensed to
practice one or more of the healing arts under chapter 147, 147a, 148, 150a, or 153. the scene of
an emergency includes areas threatened by or exposed to spillage, seepage, fire, explosion, or
other release of hazardous materials, and includes ski areas and trails.
© for the purposes of this section, "person" includes a public or private nonprofit volunteer
firefighter, volunteer police officer, volunteer ambulance attendant, volunteer first provider of
emergency medical services, volunteer ski patroller, and any partnership, corporation, association,
or other entity.
sorry. this does not say you have to hekp at an accident. it specifically says you have to help at a scene of an emergency which is defined as areas threatened by or exposed to spillage, seepage, fire, explosion or other release of hazardous materials.
it also says you onl;y have to help if there is no foreseeable danger to you.
so... technically you only have to help at a car accident where gas is leaking or there is a fire ecept since leaking gas and/or cars on fire are extremely dangerous you do not have to help. also, if it is an accident where say, someone got hit by a car since it does not qualify as a scene of an emergency you do not have to help.
plus, by leaving the phrase 'reasonable assistanc' vague it implies that reasonable assistance is defined by you. in most locatable court cases, reasonable assistance only includes calling 911.
you can not be compelled to perform any actions by the state in which you are not benefiting personally.
of course, you are right. i would stop. but not if you try to compel me. hmmm, maybe i am oppositionally defiant!
I am shocked at all the nurses that posted that they wouldn't stop to help someone out! I will stop at all times if there is no medical on scene. I have stopped many times and have been thanked endlessly for doing so because no one stopped before me. We are medically trained professionals, what if it were you and that little bit of time that you could have taken out of your day could have saved a life. Think about it!
I know some goofy laws are on the books in various jurisdictions, but this one sounds like myth.
First, how is anyone going to know you passed the accident scene?
Second, what training do you have in evaluating a scene for safety? What PPE do you have in your vehicle? And I'm not just talking about gloves and a CPR shield or mask.
Thanks for all the responses everyone. I do know about NC Good Samaritan law which states that if you do stop to render aid, then you cannot be held responsible for the outcome since you were an uncompensated "volunteer" basically.
I've yet to find anything that states you have a duty to respond. Obviously, morally stopping would be the right thing to do but I wasn't questioning the morals of it, simply the law.
My husband was recently involved in a severe motorcycle accident- a truck turned in front of him and hit him broadside. I received a phone call as the ambulance arrived from a trauma nurse who had stopped at the accident. She had him stabilized by the time that an ambulance arrived and if she had not stopped, I have a feeling that the situation would have been so much worse. As a student nurse, I had always said I would never, ever stop at an accident scene due to fears of liability. I feel totally different now. Not only did she provide reassurance by phone for me and consistent updates but she also helped my husband. Being on the other side of the situation has changed my perspective. I called her throughout his hospital stay with updates and she came to visit him. I will ALWAYS be grateful to her and I just hope that I can be "that nurse" for someone.
My husband was recently involved in a severe motorcycle accident- a truck turned in front of him and hit him broadside. I received a phone call as the ambulance arrived from a trauma nurse who had stopped at the accident. She had him stabilized by the time that an ambulance arrived and if she had not stopped, I have a feeling that the situation would have been so much worse. As a student nurse, I had always said I would never, ever stop at an accident scene due to fears of liability. I feel totally different now. Not only did she provide reassurance by phone for me and consistent updates but she also helped my husband. Being on the other side of the situation has changed my perspective. I called her throughout his hospital stay with updates and she came to visit him. I will ALWAYS be grateful to her and I just hope that I can be "that nurse" for someone.
I'm glad that things turned out OK for your husband; what a scary experience.
I am curious, because like others here, I don't readily know what I can do on the scene of a traumatic accident with no equipment/PPE. If I may ask, what did this nurse do to stabilize your husband before the ambulance arrived?
What's the first thing you're taught? Assess the scene. You do not go in if you do not feel safe. And you are not bound by law to do so.
My personal feeling is that if the situation is safe and I can be of assistance... which has happened a few times when EMS has not yet arrived... then my husband (a police officer and EMS trained) and I stop. We do the little we can, which usually involves doing our best to keep further harm from occurring... "don't move him, don't stand there" etc... keep people calm, reassure them help is on the way... and stay until EMS has arrived.
It seems minor to us because we're used to more technical interventions on the floor, but usually all that is needed is a calm, reassuring, authoritative presence to quiet the immediate chaos.
StNeotser, ASN, RN
963 Posts
I don't stop, not because I am heartless but because I work rehab and simply don't possess many skills that a trauma victim requires. I don't think I'd be any better without equipment than the average lay person in spite of doing the CPR class every two years.
Most of the time I've seen people stopped I've also seen someone else already stopped to help.