 JammerMan79Premium,VIP join:2004-05-13 Prince George, BC kudos:10 | reply to mythology
Re: Awesome one question for all the Yanks on this forum.. Is there anything like a good Samaritan law down in the states? In Canada if you try to help someone in good faith and end up hurting them, or you save their life but they get paralyzed because of your actions you aren't libel and cannot get sued... |
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 fantomposterPhantom PosterPremium join:2002-09-21 Independence, OH | said by JammerMan79:one question for all the Yanks on this forum.. Is there anything like a good Samaritan law down in the states? In Canada if you try to help someone in good faith and end up hurting them, or you save their life but they get paralyzed because of your actions you aren't libel and cannot get sued... Yes, but it is done at the State level. So some states have what you describe, some do not. |
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 MordyComfortably NumbPremium,MVM,ExMod 2004-07 join:2001-12-02 Denver, CO | reply to JammerMan79 Most or all states have a Good Samaritan law, but it only protects you within the areas that you have been trained. If you give someone CPR and you are trained in CPR, you are protected, but if you whip out your Swiss Army Knife and try give the person a tracheotomy to help them to breath, you can get sued. -- Facts do not cease to exist because they are ignored - Aldous Huxley |
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 JammerMan79Premium,VIP join:2004-05-13 Prince George, BC kudos:10 | great... thanks for the info **putting away swiss army knife** |
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 joakoPremium join:2000-09-07 /dev/null kudos:5 Reviews:
·Comcast
| reply to Mordy said by Mordy:Most or all states have a Good Samaritan law, but it only protects you within the areas that you have been trained. If you give someone CPR and you are trained in CPR, you are protected, but if you whip out your Swiss Army Knife and try give the person a tracheotomy to help them to breath, you can get sued. Thats why I will not help anyone I don't know. What constitutes "training"? What if I have CPR training but have never done it on a living person before? Is reading how to perform CPR sufficient "training?" How about a class? Who taught the class? What certification did they have? Was the class "certified," approved, accredited, etc?
Too many stupid lawsuits to be helping people.... -- Interpol and Deutsche Bank, FBI and Scotland yard, CIA and KGB, control the data, memory. |
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 MordyComfortably NumbPremium,MVM,ExMod 2004-07 join:2001-12-02 Denver, CO 1 edit | In Colorado (where I live) I need only a current CPR and first aid certification in order to be protected - even though I've never given CPR to a real person either. One of the more common things that happens when you give CPR is broken ribs from the chest compressions. They sometimes (although rarely) puncture lungs and cause other damage. As long as you were not doing something that you weren't trained to do, even that kind of other incidental damage can't be held against you, and you are protected from lawsuits.
Typically you need to take a 1-2 day class taught by a certified instructor, and then you are "certified"...not all that hard, and like the guys in the story demonstrated, well worth it if you ever need to use it to help someone. The Red Cross is the main body that teaches CPR, but other organizations offer certified training as well. -- Facts do not cease to exist because they are ignored - Aldous Huxley |
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 ThalerPremium join:2004-02-02 Los Angeles, CA kudos:3 Reviews:
·DSL EXTREME
| Basically, this is the long and short of CPR liabilities:
You are told that if you don't know CPR - don't do it. You'll end up hurting the victim more.
That's what CPR reps. and instructors will tell you UP FRONT. On the side though, should you see someone clearly needing CPR, haven't been trained, but have seen an episode of "Scrubs" or two, go to town. So long as you were giving a "best effort" approach, (ie. not performing CPR w/ a chainsaw, foot, or other inappropriate object) you are protected via the Good Sameritan laws.
The person's already dead when you're performing CPR on them...how much more dead can ya make 'em? 
Doctors, on the other hand, need to watch their ass on this one. Should you perform CPR, it could fall under the category of "Professional Services", and you could be held liable for any failures or damages that occur as a result. I do believe there have been a few lawsuits where a MD performed CPR on-site, and then were sued by either the patient and/or the survivors. |
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 winkyTurn Left At The Moon join:2001-02-11 Saint Louis, MO 1 edit | reply to Mordy Please do not harbor the idea that a tracheostomy is a substitute for CPR. I know that Mordacray was not implying that and was only giving an example of the legal implications of doing the wrong procedure for the situation. However, tracheostomy's are only used when there is severe facial trauma that prevents ventilating a person that is not breathing. It is also used when there is an obstruction in the proximal(right past your mouth) esophagus either by foreign material or a crushing injury to the anterior(front) neck, and only when they are NOT BREATHING. You must be familiar with human anatomy to do a tracheotomy so that is effective. An unconscious person with no apparent trauma does not require a tracheotomy. They need CPR if they are 1.)NOT BREATHING and 2.) NO PULSE. If they are just unconscious they only need medical attention and that's what 911 is for. It goes without saying that these two guys deserve the highest congratulations from all of us. It is always traumatic to find yourself is a situation where you have the opportunity to save a life, and it takes more than a little courage to act, let alone act properly. While Comcast may receive the publicity, the credit will go to these two guys exclusively. CPR is a skill that everyone should have, I suggest that you take advantage of the many opportunities available to the general public to learn. Wouldn't saving someones life just make your day? and theirs. »www.redcross.org/prepare/trained/trained.asp Your company may have a training program Your local YMCA has CPR classes Your local hospital has CPR training for the public They're everywhere people. And let's not forget that Paramedics, EMTs, and fire fighters, etc. do this EVERY DAY, often under hazardous circumstances, for anybody and everybody. Remember that next time your fire protection district needs some tax money. -- If you can break it, I can fix it. Of course, It'll cost ya' |
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 MordhemLove it, Hate it. join:2003-07-10 Baltimore, MD | reply to JammerMan79 said by JammerMan79:great... thanks for the info **putting away swiss army knife** lol! -- Baltimore Glass Company(410) 338-1880 2700 Remington AveBaltimore, MD 21211 Bobby Spicer. |
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