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?

No, there are no missing details.
I have been in a position to help 3 times.
Once a tenant fell in front of me.
I was told I should not have helped him up.
Once a tenant was yelling for help in his room.
I was told I should have called someone else and not checked to see if the person needed assistance.
Once a tenant was locked out of his room and he was exhibiting signs of having heart problems.
I was told I should have left the tenant out of his room overnight and that I should not have asked if he was on medication.

I'm being told it is a fair housing issue. If I help one tenant I would have to provide equal treatment to all of them.

Say tenant 3 had had a heart attack and I was the one who had medical knowledge that he was in crisis. Could I be held responsible?

I'm VERY worried about this. Please, medical professionals, I need help with this one.

Oh yeah, I am working as a 3rd shift desk clerk. I am the only staff member there from 12:30 pm to 8:30 pm three days a week.

Okay, I'm not talking about doing brain surgery or assessing a medical emergency! I'm talking about things within my scope and yes, I was told to leave a stroke victim on the ground. I know you aren't trying to be mean and I appreciate your candor, I just want you to understand that I know I'm not a doctor and I'm not trying to be. I'm not a nurse yet, but I am trying to be and since prior experience and education is helping get into nursing school, I don't want anything like a lawsuit to jepordize my medical career.

Please LISTEN!!!!!

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

In this case I would agree with rita_alabama.Each state varies in it's "scope of practice" within it's certification levels,but only slightly.Good Samaritan laws will protect you but only to a certain degree.If someone is having an accute MI,I personally would not hesitate to help,regardless of any employer!As far as asking what type of meds they take,there is no liability involved if there is a medical emergency.(if patient is rendered unconcious during situation,you'll be able to tell first responders).You're employer is concerned about covering themselves from being sued,but if you're CPR/AED cert is valid,you have nothing to be concerned about.As far as fall victims are concerned,you should not move them anyway.(i.e.broken hip etc.).These situations are best handled by the first responders.I would limit the care I render to emergency situations to which I am certified to perform,therefore eliminating the possibility of being taken to court,but this still leaves the liability of your job with your employer.You only have a "moral" obligation,not a legal obligation as you are not practicing your certification under any medical direction(such as hospital protocols or ambulance service).Your employer should have these guidelines written in an employee handbook if they are that concerned with legal actions.

Answer 2

No, you can't be sued for not helping.

There's a Good Samaritan law that protects those who stop to help. As long as they stick to basic first aid care, and aren't grossly negligent, then they can't be sued.

Conversely, as long as you are not being paid to performemergency medical services (a paid, professional paramedic or EMT that's currently on the clock) then you are under no obligation to help them.

So, no, you can't lose your certification for not helping.
It's not like I stop to check every fender-bender when I'm driving my personal vehicle.

Have you thought about changing professions? It seems like someone with such a desire to help others would be better suited for a different occupation. I don't know if I could work for an employer who specified that I couldn't help others with their medical needs.

I'd also like to mention that you don't appear to have anything other than basic first aid qualifications (as far as prehospital emergency care goes). The basic first aid course is pretty much designed for a layperson to have a bit of medical information to deal with the strains, sprains, and cuts of daily life, not to assess a stroke patient or diagnose an MI. With only a CNA's knowledge base, it's completely possible for you to seriously injure someone or at least make a problem worse, even if you are only trying to help. My feeling is that the employer is trying to lessen their potential of a lawsuit. If you provide medical care while being employed by the hotel, then it's assumed that the hotel condones your actions, thus making them liable if you screw up. Since you don't have much prehospital emergency medical training, they probably don't want that liability. So, if you want to keep your job, it sounds like it might be best to call a emergency medical professional if a hotel guest needs care. Trust me; I've been a nurse's aid before, and there's a world of difference between that and prehospital emergency care, which is what you seem to be providing. I don't mean to be harsh, but it's the truth.

Hope this helps...

Answer 3

No matter what kind of training you've had or certifications you hold, there is a protocol to be followed. Having worked as a CNA in other settings, you would already know there are procedures and policies for EVERYTHING. Find out what the protocol is for your facility.

It may be that a resident must be assessed first for injury by a qualified, designated person. If you help someone up, for all your good intentions, you can worsen or even cause injury and, yes, you put both yourself and the facility in jeopardy. You are neither licensed nor trained for this. You do not know how to assess. This is outside the scope of your practice.

If you follow policy and procedure, you cannot be held liable and you cannot be sued. I sincerely doubt the hotel wishes you to leave people lying on the ground. I would expect that you are to notify the appropriate entity. So, get your policy and procedures in writing and follow them or you may find yourself named in a law suit and terminated from employment.

You may find what I've said to be harsh but trust me it's not as harsh as a cross-exam by a lawyer would be. I am trying to protect you, the hotel and the residents.

And Zandelia had a very good question. Is rendering medical care of any kind in your job description?

Answer 4

I think this pretty much goes for any state, at least in California it does. Now, you don't have what is called a duty to act as an EMT or Paramedic does, but if you don't help someone and say they stopped breathing and had an MI , you could be sued by the family because you are an employee and you are certified in CPR. If someone is hurt there is the "Good Samaritan Law" in CA, which basically states that you can not be sued for stopping to help someone. I think you could loose your certs if you didn't help someone. The Residential Hotel could be held liable too and sued if they tell you not to help, they are putting themselves at risk too. I'm an EMT in California, but I would check your protocol for your area. Call and talk to your local EMS agency, they will know specifics about your area. The Residential Hotel must be aware of and make sure their guidelines are within the county protocols. Yes it is true that in a court of law the argument could be made that you only were following company rules, but if someone dies because of it, there goes all your certs.

Answer 5

No. Unfortunately, you could only be sued IF you DO help and something were to ultimately go wrong somewhere on down the line...

Even if you hold all those certs and DO nothing; you cannot be sued, because you haven't "STARTED" any medical assistance to the person. Once you "start" medical assistance is where you can run into trouble should something go wrong. Even if you were only trying to "help". When in doubt; do without!
Your employer is wise to ask you to abstain from "helping". He could also be sued, because he employs you. So, I don't think he's doing it to be mean. He's looking out for the best interest of the company.

Answer 6

yes you can be sued for not helping ; there is the good Samaritan law which protects the person who assists ; this is done so people would stop at accidents and render assistance even nurses and doctors without the threat of a lawsuit but if you don't aid and something happens you can be sued

Answer 7

Get your employer to put in writing that you are no longer to help. Just to be safe, Ive been a CNA for 12 years, and you cant get into trouble for that. Its not abuse if your employer says you cant do it. Unless theres more to the story, your not telling. but no, your safe. at least thats how it is in Idaho.

Answer 8

Basically no, you have been hired by your employer and they have made the decision to not let you help anyone. If someone decided to sue, it would be your employers responsibility not yours. If you were a MD - that would be different, but with your classifications, no you would not be held responsible.

Answer 9

Usually no, but in some states there is a law saying that, if you are trained and someone needs help, you must help them.

Answer 10

You never did say exactly what you were hired to do. Are you the janitor there? If so, then YES you can be sued.

What exactly is your job description?