Me and my husband were having this discussion ( dont ask me why) he seems to think that you cant get in trouble and I do, whats your opinion?
2006-09-28 13:17:45 · 23 answers · asked by ? 4 in Politics & Government ➔ Law & Ethics
Ok as a teacher of 1st Aid in Australia.
I can tell you that if you come accross some one who is injured or choking, unconscious or not breathing and you are qualified in 1st Aid, you are NOT obligated to assist in 1st Aid, UNLESS you are designated 1st Aid officer.
How ever if you start to intervene in a 1st Aid situation, you MUST follow through with treatment etc until emergency services arrives, eg Doctor or Ambulance.
You must make sure your intentions are clear to casuality and bystanders, (what your doing or going to do).
If you are doing CPR (Cardio Pulmonary Resusitation) you must continue to do CPR, untill emergency services arrives, and takes over or your told that the casuality has deceased (died).
The only time you can stop doing CPR is if you can not physically continue, due to YOUR become fatigued or breathless/dizzy. If this was to happen, you must make sure that you say loud and clearly for any bystanders etc, that you can not continue. NEVER become a casuality your self.
Self presivation to: Yourself
Bystanders
Casuality
Always in this order.
If you have done every thing with in your power to assist some in a 1st Aid situation, and you have followed the guidelines of 1st Aid then it will be very difficult to sue some one for assisting.
I not sure but I beleive this to be that same in other countries.
To date no person has been sued for assisting some who is ill/injured in Australia, if they (the rescuer) have followed the guidelines of 1st Aid.
2006-09-29 01:55:47 · answer #1 · answered by Georgie 7 · 0⤊ 0⤋
No not necessarily. However, if you do not know the proper way to do the Heimlich maneuver or CPR and you perform it improperly and cause serious injury or death, then you can become liable to the person or their family. If you are trained (EMT, Paramedic, First Responder, etc.) then if you don't help you could be liable for failure to act or breach of duty. I'm a volunteer Fire Fighter and CPR/First Aid Instructor so therefore I have a duty to act when someone is injured.
As for the Good Samaritan law, that's not in every state and it does NOT protect against a lawsuit, even if you do help.
2006-09-28 13:22:54 · answer #2 · answered by ? 3 · 1⤊ 1⤋
depends on if you know what to do when someone is choking, if you just stand there and watch them die and it is later determined that you knew the Heimlich maneuver you could be sued for being negligent. even if you don't know what to do exactly but you try most states have a good Samaritan law that would protect you if the person still died, but at least you tried to do something
2006-09-28 13:28:29 · answer #3 · answered by wag35 4 · 1⤊ 0⤋
You can get into trouble for not helping someone in some states, but there are exceptions. If the person is drowning for example, and you can't swim...you're not bound to go in after them. If someone is on fire, but you have small children who will try to help and be hurt in the process, you are not legally bound. I know that if you DO help, and accidentally harm the person you're helping, you can be forgiven under the Good Samaritan laws.
2006-09-28 13:21:27 · answer #4 · answered by Lisa E 6 · 1⤊ 1⤋
You don't have to help although if you know what to do it would be nice. Under the good Samaritan act a regular person is not held responsible for the injury or death or another while you were trying to help them, assuming you didn't stab them or something like that.
2006-09-28 16:29:35 · answer #5 · answered by hopeless 4 · 0⤊ 0⤋
Depends on the area. I say proably most in general if you could provide help and refuse, but I would also say the "boy scout" rule or whatever they call it. In some regions you have to do whatever reasonable you can to help someone in situations like that.
2006-09-28 14:18:35 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you probably won't go to jail, there is the good samaritan law where you can't be sued if you help and they die. it's a good idea to take a cpr class which includes the heimlich manuever which i believe there is a new name for it. that particular class even teachs to do the heimlich manuever to yourself if no one is around and you are choking.
2006-09-28 15:47:46 · answer #7 · answered by nellie 3 · 0⤊ 0⤋
No you cannot. Even if you DID help that person and they still died, you probably still wouldn't go to jail. Almost every state in the Union has a "Good Samaritan" law that protects those who try to help.
2006-09-28 13:21:29 · answer #8 · answered by Albannach 6 · 0⤊ 1⤋
As stated above, you can be sued for helping even if they live to be truthful. They my claim you damaged something when you helped. It best to walk away and let them take care of it. If, you had a Cell Phone you could call 911, but, I not think you obligated too. They Will not Reimburse you for your call.
2006-09-28 13:29:01 · answer #9 · answered by Snaglefritz 7 · 0⤊ 1⤋
Legally, you are not required to render aid. Morally, you are pretty low if you don't. But, no, you cannot be prosecuted for not coming to somebody's aid. You do not have a legal duty of care. A policeman or fireman (for example) DOES have a legal duty to render aid or assistance. You could be sued for helping somebody that's choking and breaking one of their ribs by applying the Heimlich maneuver.
2006-09-28 13:20:44 · answer #10 · answered by Anonymous · 0⤊ 2⤋