To Stop or Not

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i didn't want to be a downer to another poster's thread about stopping and aiding at the scene of an accident (great job lovejoy88!!! i hope i would do the same), but i was curious about the laws in tx regarding giving aid at an accident site as a registered nurse. the following is from vernon's civil statues. if i am reading section b:3 correctly, because i work in a hospital and administer emergency care on a regular basis, i could be sued if i stop and render aid at an accident scene or while i am working in the hospital providing emergency care i could be sued (this part i already know). for the record, i hate that i am researching this in the event i should come across an accident and have this in my mind as a deciding factor on whether or not i would stop. very depressing.

texas good samaritan act

article 6701d, vernon's civil statutes ; chapter 74, civil practice and remedies code section 74.001

liability for emergency care

(a) a person who in good faith administers emergency care at the scene of an emergency or in a hospital is not liable in civil damages for an act performed during the emergency unless the act is willfully or wantonly negligent.

(b) this section does not apply for care administered:

(1) for of in expectation of remuneration;

(2) by a person who was at the scene of the emergency because he or a person he represents as an agent was soliciting business or seeking to perform a service for remuneration;

(3) by a person who regularly administers emergency care in a hospital or emergency room; or

(4) by an admitting physician or a treating physician associated by the admitting physician of a patient bringing a health-care liability claim.

(v.a.c.s. art. 1a (part).)

workingspaz that is a great way to explain. in your example (the prudent one), you state specifically med-surg nurse. i am in the er and provide emergency care on a regular basis. not saying i would ever, ever perform an invasive procedure like you describe above - there is just no way. but the code states exemption "(3) by a person who regularly administers emergency care in a hospital or emergency room"

does this exclude all er nurses? i am still talking about providing basic first aid / cpr if necessary - absolutely nothing heroic.

i guess i am more or less questioning the code now, not what i would or anyone else would do. just according to the code and the wording, does that leave the door open for a lawsuit? it just seems silly to me that the er clause would be there. i plan on researching further into the legalities, more because i am interested in the legal side of things, my own personal curiosities.

just for arguments sake and to let the moderators know - i am not asking for legal advice - i have never had the opportunity to stop at an accident site and render aid, and i have not encountered anyone who has either ~ just curious that is all :)

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Ok disregard previous post. I re-read the statute on a different website. It says the same thing basically, but I read it differently this time. I can be sued while working in the hospital (already knew that) while working in the ER providing emergency care. Not at the scene if I was providing basic aid within my scope of practice.....pretty much what everyone stated in previous posts. I guess I just had to read it a few times to get my head straight. Did I mention I live in Texas where it has been like 180 every day since June? Has turned my brain to mush! Thanks for all of the replies and sorry for dragging this topic on for so long!

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Specializes in Flight, ER, Transport, ICU/Critical Care.

This has been discussed on here MANY, MANY times.

Stopping and assisting is a PERSONAL decision.

If you are thinking that the biggest "problem" you will have is liability IF you DO NOT STOP (so, someone sees you drive past an accident scene in your scrubs, RN license plate or "my other car is an ambulance" bumper sticker - big deal) -- you are only torturing yourself. I mean, do you really think that anyone gets sued for NOT stopping - ridiculous. Who do you think is watching and taking down names? I'll bet my license on the fact that if you are not involved - you will not be in any trouble for not stopping. Actually, I do bet my license when I don't ever stop. :eek:

If you thinking that by stopping and helping you NOT going to be sued, that is a magical thought process and belief as well. ANYONE can be SUED for any and or NO reason - as long as a plaintiff can convince an attorney to act. And there are lots of hungry lawyers out there - so, don't bet that any statute will stop a lawsuit from being filed. It may serve a defense in a lawsuit on the basis of strict liability - but, no - it will not prevent you from BEING SUED. Good luck taking your copy of a lawsuit to the judge and telling him/her that you cannot be sued, because you were trying to help and the law says you can't be sued. Funny stuff, no doubt. The judge will be amused or maybe even sympathetic and tell you to get a lawyer and answer the "complaint". Period. Lawyers for the defense DO NOT work for FREE. Expect to write a check for the fact that you should not be liable. Life is not fair and good intentions do not prevent bad things from coming your way. Injured folks that sue - usually sue any and all and let the court sort it out. Don't wanna be in that mix - don't stop. - the Oh yeah, expect to have to defend your actions - cause if there is any "injury" to whoever you provided "aid" to - be prepared to PROVE that you DID NOT cause it or add to it. NO, I AM NOT KIDDING.

Now if you are still in the mindset that you have a "role" in providing care as a GS whenever and where you find someone in need - I want you to think about a few very important things. 1. YOUR SAFETY 2. YOUR FUTURE 3. YOUR FAMILY. Accidents and out of the hospital emergencies are very dynamic places to be. They are uncontrolled and I'll bet that you are not prepared - regardless of your "jump-kit" or intentions. No one (even a cardiothoracic surgeon) is ever able to act to the extent of their training - you ain't got the stuff, staff, equipment and authority - and if you are planning to "freelance" with IV's and airways and whatever BEYOND the most basic FIRST AID - you will, no question BE IN DEEP TROUBLING HOLY LOAD OF MISERY AND CRAP regardless of how it all works out or all the lives you save. These shows that detail a bystander using an ink pen and kitchen knife to cut a trach have nothing to do with what you can/should do. Sure, you may know a "trach" is needed and you may even be able to do it - but, when you do - woe be had for you. So, all you budding heroes out there that are thinking "I am a nurse and I can do ....." and "I have a duty...." - please consider carefully.

1. Regardless of your training, supplies or intentions - you will very likely be in a situation that if luck is on your side will -- the ONLY thing you lose will be your license, IF you get involved and go beyond the most basic of care.

2. What if you get hurt or exposed to disease or violence as part of your "rescue mission" - who do you think will be responsible? You will - after all IT was your DECISION. Imagine your medical bills and future opportunities if you fall and break your leg while rushing over the hill to the accident scene to save the day. You might think of the broken leg as a lucky break compared to being exposed to HEP C or HIV from the bleeding and injured. What if you help a collapsed person in your local supermarket and their "family" decides that it is your fault if they do not survive - after all, you said you were a nurse! I have seen family pull weapons on first responders - and one threatened to kill a paramedic if "she dies" (meaning his mom) - these situations can be emotionally charged!

3. Who depends on you? My family depends on me. Period. If you are sued and have to spend money (even on a BS lawsuit) who will it effect? What if you are injured and cannot work? What if you are killed while helping at an accident scene? Please do not discount the fact that someone away from this emergency is counting on you. Accident scenes are DANGEROUS places for those trained, equipped and with "authority" and assistance. Good intentions DO NOT form a protective FORCE FIELD around you - please consider your personal safety as #1 - if not for you, do it for those that care for you.

Others on here note -

Don't let the fear of liability PREVENT you from stopping....

Have confidence in your abilities and stop....

I'd hate to think that some got worse or died because I did not stop...

While I respect others views and believe that self-determination is a mainstay of a free country, I do not agree.

I am not afraid of being liable for whatever I would do - I have exceptional confidence in my abilities (I have just as much confidence in my LIMITATIONS) and while, it just breaks my heart to think of the sunday school teacher being injured in the car that has rolled across the highway and is on fire at 3am and the fact that she may get worse or even die - well, it happens. And if you need to feel better, there is likely not a sunday school teacher in that car - but, a four time DUI that has no license and lives in his mom's basement, dependent on her social security check for support at 34 because he does not see unemployment as anything but his right not to have to make "the man" rich! But, sure sometimes bad things do happen to good folks. Actually, I think the really bad things happen to good folks - cause if there was justice in the world - the dregs and drains on society would be the ones catastrophically injured or dead and the mom of 4 that teaches special education would not end up dead from the brain bleed she is sure to suffer after falling on ice on the way inside the market - but, I digress.

For me - I will respond this way.

MOST LIKELY - I will look the scene over and call 911 and tell them accurately - who, what, where and what may be needed along with any immediate threats (fire, stuff in road, etc)

LESS LIKELY, IF EVER - If I feel compelled to get involved, I will ONLY do what does not put me at excessive risk. I will not use my bare hands to stop bleeding, I will not run across highways in the dark, I will not go in burning houses in shirts and t-shirts - really, know your limits.

I must say that the only time I gave great thought to GS laws and liability and DUTY TO ACT or stop - was at the beginning of my career, when I did not know better and mistakenly thought I had TO DO something. I was going to make the difference. Now - I know that bad things happens and no matter what I do or do not do - I will likely never change that - even as a GS. I think that getting the right kind or help at the right time is ESSENTIAL and know that although I have to keep my conscience clear - I have obligations to myself and family to make good decisions - not just selfless ones.

Knowledge is POWER.

Stay SAFE!

;)

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Help and when EMS gets there, get in your car and drive away. At the scene say I know first aide

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