a question about the good samaritan law

Nurses General Nursing

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i'm from california

does anyone know if nurses are REQUIRED to stop at the scene of an accident (or anyone needing help for that matter)?

i was talking to someone today, and she said that RNs HAVE to stop to render care. however, i don't think that's the case?? I looked on the BRN website, and all I could find was that we are immune from civil liability if we do stop to provide care, but nothing that says we have to provide care.

anyone know about this???

Specializes in Home Health currently, med/surg prev.

I'm curious too how anyone would know that a nurse drove by an MVA and didn't stop to give aid. I firmly believe that medical professionals do have a moral obligation to give assistance. Calling 911 rather than actually stopping and putting children in danger by leaving them unattended in a vehicle on the side of the road is being a good samaritan. I have two small children that aren't even school age, and I have called 911 when I witnessed an accident. The last thing I wanted to do was put my children in danger and potentially make more victims for the EMS workers. :nurse:

Specializes in Home Care, Hospice, OB.
i'm curious too how anyone would know that a nurse drove by an mva and didn't stop to give aid. i firmly believe that medical professionals do have a moral obligation to give assistance. calling 911 rather than actually stopping and putting children in danger by leaving them unattended in a vehicle on the side of the road is being a good samaritan. i have two small children that aren't even school age, and i have called 911 when i witnessed an accident. the last thing i wanted to do was put my children in danger and potentially make more victims for the ems workers. :nurse:

i did not stop, either, wheni had young children, whether they were in the car with me or not. they were my first priority. now, since i do homecare and carry a very well stocked bag at all times, i will stop unless doing so would clearly endanger me. this is a personal moral decision, and i would never suggest anyone follow anything except their own conscience:twocents:

Legally obligated, no. Morally obligated, YES!!! (IMO ;) )

Indeed,

The key is moral. I am rather sanguine about the protection provided by Samaritan laws however.

Specializes in ER.
i'm from california

does anyone know if nurses are REQUIRED to stop at the scene of an accident (or anyone needing help for that matter)?

i was talking to someone today, and she said that RNs HAVE to stop to render care. however, i don't think that's the case?? I looked on the BRN website, and all I could find was that we are immune from civil liability if we do stop to provide care, but nothing that says we have to provide care.

anyone know about this???

you don't HAVE to - but know if you make the situation worse in any way, you could be held liable - for instance, moving a person out of a car quickly and you can't fully immobilize c-spine and cause injury that wouldn't/might not have occured if EMS had fully immobilized with extrication. It's a shame that a person has to think of this prior to helping a person in need and possibly NOT help because this could be potentially catastrophic, financially, to the rescuer.... hmph... our litigious society.

http://definitions.uslegal.com/g/good-samaritans/

Specializes in ER.
I used to stop willingly if Fire/EMS hadn't arrived. Then I had my daughter.

The first question that EMS folks learn to ask is "Is the scene safe?" You must protect yourself.

Well, the side of a busy Dallas-area highway isn't always the safest place. The thought of leaving my child strapped in her corificeat, engine (and a/c) off because you don't dare leave it running, doesn't come across as safe to me.

And...first responders (lay or professional) have a good chance of getting smacked by a rubber-necker. In fact, Texas has a relatively new law that says you must slow down (10 MPH less than posted limit) or move over a lane if an emergency vehicle is pulled over with their emergency lights on. Well, my minivan doesn't have red & blue flashing lights!

She was a few months old when we drove past an almost-wrapped-up accident scene and that thought hit me. I have to admit...I wrestled with it for a little while. But in the end, I'm a mom, and mine & my child's safety come first.

:twocents:

OH AM I WITH YOU on this one - if it's between a person in need or leaving my kids in a car unattended... sorry, my family is first. If another adult was in the car, obviously that is a different story.... and if I had gloves!

Specializes in ER.
Every state is different and has different laws. There might also be a

law on failure to render aid.

I personally believe people have a moral obligation to stop but should not

put themselves or their families at any risk.

and playing devil's advocate - who will know you're a nurse??? driving by, how many drivers are doctors, nurses, RT's? There's no way of knowing that...

Specializes in ER.

reading other posts after I posted mine to the OP (I always read other posts after I've posted my response, partly to see how it compares and to be unbiased in my response), I note that others feel the same as I - who will know you're a nurse passing by an MVC??

Unless someone knew you on scene and said "oh oh oh, that's such and such...they're a nurse!!!" Kinda makes me laugh, actually....

I can recall as a kid in the station wagon with my parents and 3 siblings and my parents made us all duck down as we passed by an accident.... horrific scene is what my mom told me (who was in the ER as a nurse at the time) much later... they slowed but my mom didn't get out (there were plenty of ambulances from what I remember, though). I wondered why, even then, she didn't get out to help. She always felt that getting involved could bring about even more trouble (in court, that kind of thing).... even to this day. She felt that it wasn't appropriate to have the hubby and kids in the car and might witness any of that.... I was probably 7or 8.

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