![]() ![]() That is a whole separate area of discussion regarding the legal concept of duty to act. This should be a consideration when first aid providers are obligated and compensated in some manner to provide first aid services, such as with an organized industrial emergency response team. Good Samaritan legal protections are based on the premise that there is no expectation of compensation for the actions taken in an emergency. If a person intentionally or without a clue hurts another, regardless of whether an emergency exists or not, liability protection is unlikely.įortunately, compensation is an unlikely situation for most CPR and first aid trained providers. It is unfortunate that it needs to be mentioned, but intentional actions of harm or completely misguided actions are not protected. Most Americans live in a tiered system of care in which more advanced training and skills are quickly available from responding EMS providers, eliminating the need for higher levels of care from bystanders. Exceeding this opens the door to liability, especially when actions can result in unexpected threats and harm to the ill or injured person. Perhaps it is easier to explain why a person would be at risk when helping in an emergency, rather than why they would not.Īs mentioned above, trained providers need to act within the scope of the training they have received. Trained bystanders need to have confidence in this. Good Samaritan laws and administrative rules have been established to explain these protections.įinally, with modern day EMS, the responsibilities of those trained in CPR and first aid have a very limited timeframe in which to help, decreasing the need to provide detailed or extended care.Īll in all, CPR and first aid skills are simple, designed to do no more harm in a limited period of time, and have a proven track record to not result in legal liability. ![]() Over time, protections for bystanders who help in a medical emergency have strengthened through legal precedence. Historically, first aid providers are looked at as good Samaritans as described in the Book of Luke in the Christian Bible, providing immediate help to someone in need with no compensation in return. Medical treatments, such as surgical procedures and giving medications, are indicated as beyond the ability of first aiders to provide. Primarily, CPR and first aid training guidelines have been developed to emphasize knowledge and skills that help, but do not create further harm. A big part of that is the fear of liability. The reason this is so important is that many trained bystanders are deciding not to get involved in medical emergencies. The short version of the point we all need to make with our students in our CPR, AED, and first aid training classes is that legal liability is almost non-existent if someone acts prudently and within the scope of the training they received. Now that I have your attention, it might be helpful to do a brief refresher on the legal considerations CPR and first aid trained providers face, and, most importantly, the effect that legal fears have on the willingness for a trained bystander to get involved in a medical emergency. ![]() Also surprising were the monetary damages paid with about $120,000 paid when CPR was done and $620,000,000 paid when it was delayed or not done at all! The majority of them were related to delayed or inadequate CPR with only a handful related to the performance of CPR. Sorry for the tongue twister, but you heard it right: some preliminary research, presented at the American Heart Association’s Resuscitation Science Symposium 2019 last month, actually indicated there was a higher legal risk for not doing CPR compared to when CPR is attempted.Ī review of 170 legal cases from 1989 to 2019 in which CPR was attempted or withheld, and resulted in a personal injury or wrongful death lawsuit, had surprising results. ![]() I saw an article the other day about the legal liability of CPR. I am not a lawyer… always wanted to say that… By guest blogger Bill Rowe, Director, Content Development ![]()
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