Can I still be sued?

Question

I have basic medical training and years of experience in the medical field. I no longer work in hospitals, nursing homes, or care facilities - I work at a residential hotel. We have residents with medical problems and I have made rendered assistance to them as needed - I don't play doctor. I help people up when they fall, I ask people about medications when they lock themselves out of their rooms so that I can call someone to let them back in, and I never forget that I promised at one time, to help people with medical needs. However, my employer tells me I am no longer to help injured people and I have been spoken to about rendering aid. My question is, can't I be sued for not helping? I have medical certifications, first aid, CPR certs, and I have passed the state exam for Phlebotomy and EKG technician. I have been a nurse's aid for many, many years. If I leave someone lying on the ground and they find out I could have helped, can't I get in trouble? Couldn't I lose my certs?

PEOPLE PLEASE!!!!!

I'm not trying to start IV's, or diagnose an MI!!!!! The stroke patient had his stroke over 5 years ago. His powerchair was stolen and he was trying to walk on a cane and he fell. He didn't hit his head or pass out. He asked me to help him up. Was I supposed to leave him lying there or help him up? If I had left him there, could I have been held liable? The man in the lobby kept grabbing his chest. I didn't try to do surgery. When he told me he was on medication, I simply asked him if one of his medications was heart medications. I'm asking, if I had left him out in the lobby all night, locked away from his medication, could I have been held liable. The man in his room was screaming, "Somebody help me!" I got someone to come to open his door FOR THE PARAMEDICS!!!! I'm asking, if I had done nothing and waited for another employee to get there, could I have been held liable for doing nothing? I'm not trying to diagnose or treat anyone- HONESTLY.

Answer 1

I am answering from a BC, Canada perspective.

It is much harder to sue someone for NOT doing something than it is to sue them for doing something wrong. I assume your employer has instructed you to call for help when someone is injured rather than rendering help directly. This means rendering help directly is no longer in your job description. To protect yourself, please make sure that this is the case!!

Even if a person can prove that they suffered injury because you did not render help directly (and it could be really hard to do that if you call right away for help) as opposed to anything else that caused the injury, I think you would have a strong defence on the basis that you were following your job description and owed the person no duty to go beyond your job description. The person would then need to sue your employer for not having people around who could render aid more promptly.

If you are really concerned, maybe ask your employer to sign an agreement saying that it will defend and pay any claims made against you by persons to whom your employer forbade you to render help directly. Then, your pocketbook will be protected even if you are found liable!

I hope this helps and remember, go see a lawyer to get a formal opinion.

Answer 2

No, you are not a nurse. Quite to the contrary, you can be sued FOR assisting people in the hotel medically, especiallyt if something you do causes some negative results.. You may be certified, but you are no longer working in a hospital, saving lives and offering medical assistance should be left to those who are still in the medical care business.
There is nothing wrong with wanting to help people, but you need to listen to your employer on this one.

Answer 3

Your employer could be sued if you did help them. That's the problem. You are not employed in a medical care capacity - just as a general laborer. If you were employed as a nurse, the organization would have insurance coverage to protect them, but if they let you do something that can be construed as a medical procedure and you are not employed to do that, they are open to a lawsuit if something goes wrong.

It doesn't matter what certifcates you have.

Answer 4

Not only can you be sued you could also expose yourself to criminal sanctions. Report your situation to the authorities have your employer answer these questions to the proper authorities, hope they get the same consideration they give their patients in trust.

Answer 5

if your employer tells u not to help you can't be sued they can

i am glad you want to help and have been thus far however, if your employeer has asked you to stop then i would----if your certs are on record and soemthing were to happen then the people who hired you (employers) would be the ones to blame and sue

shame on them for beign soooo close minded and such

Answer 6

Anyone can be sued.

Whether the lawsuit will go anywhere, and whether you did anything wrong, are complex questions that cannot be answered on just the facts you've presented here.

Whenever your legal rights are at issue, consult with an attorney licensed in your state.

Answer 7

Unless you took the Hippocratic Oath (which you shouldn't have had to do...I didn't when I got all the certs you have except Phelb.) you cannot be sued for not helping.

Answer 8

Your employer outlines your duties....you must pay attention....

There must be an employees handbook or rule book - get a copy and see what your duties are,,

Answer 9

no that is not your usual and customary job.i think you are tring to make a case fpr unforeseen individual .go back into the medical field!

Answer 10

In our beautiful society you can only be sued for helping. You cannot be sued for not helping. Thank the trial lawyers.