Good Samaritan Law, CPR certification, and BS

[AKIRA]

Ok heres my question...

Can a person (specifically a lifeguard) get into trouble for not saving a persons life while not on the clock?

-No one else CPR certified is present
-People KNOW the person not acting is a lifeguard
-No access to phones

Basically, its either this off duty lifeguard acts, someone untrained acts (good samaritan law), or no one does a thing and the person dies.

Can that off duty LIFE GUARD be liable?

I know on the clock, the lifeguard MUST act upon saving lives and the Good Samaritan Law doesnt apply. BUT what about when they are off the clock? Could they break the Samaritan law then?

 

[bandaidwoman]

You are asking the wrong question. The good samaratin laws protect an inexperienced person from rendering the best aid he can. ( So someone without CPR experience can still try to do CPR or use an automatic defribillator if no one else will render any aid). A radiologist who has not done CPR in 20 years can still be protected for trying to do CPR.

What you are asking is if the current laws protect you if you decide not to aid a stranger despite having significant first aid or medical experience in a non working environment.

I'll tell you what they tell us physicians:

There is no legal duty for anyone, even a doctor, to come to the aid of a stranger. Although we are generally thought to have an ethical duty to offer emergency care, the Hippocratic Oath is silent on this matter, and the American Medical Association's Code of Medical Ethics states:

"Physicians are free to choose whom they will serve. The physician should, however, respond to the best of his or her ability in cases of emergency where first aid treatment is essential" (AMA Code of Medical Ethics $8.11, 2006-2007 edition).

Thus, a nearly retired general internist who comes upon a motor vehicle accident and someone is dying from acute blood loss, ( he has not done any trauma stabilization in years) is not obligated to stop and provide care, despite having an MD.

Thus, it would seem if doctors are excluded that a lifegaurd would also be under no obligation outside of work to render aid to a stranger.

 

[DOMS]

Some places have laws that you must render aid if you are capable. I took a CRP class in Vegas. The instructor was also an armed security guard. She said that if she shot someone that was trying to shoot her, she was legally obligated to try to save his life.

So, check your local laws.

 

[AKIRA]

Thanks bandaid and DOMS. I tried searching the laws in FL where I reside but the shit Ive found is crazy long. Really, I dont know how to find it in such a hay stack.

The reason I brought up the Samaritan law is because I wondered if it would apply to ANYONE outside their job. While on duty, other things apply, like a doctor in a hospital, of course.

Oh and any source links are greatly appreciated.

 

[bandaidwoman]

The EMT Spot » What Is The Duty To Act?

this is in reference to EMTs


I used to be a paramedic in New York city, and I was always told not to get myself involved off duty accidents since New yorkers were always looking to sue everyone and everything but I still stopped anyway. Honestly, unless you are in uniform, it will be very hard for a stranger to know your qualifications and name you for not responding, but I think most of us would feel guilty about not responding. There were times those with medical qualifications probably impeded help. As a paramedic I honestly did not appreciate a podiatrist or a dermatologist trying to handle complex extractions ( when there was no immediate need for one) and botching it up.( especially when they had no training). In those cases, they should have just gone their way. Even now when I respond I always let them know I used to be a paramedic, and then my medical degeree. They especially warned to never accept any gifts from a grateful victim since that would turn the encounter into one that is compensated financially and then the lawyers can do with you what they will....

 

[MCx2]

Ok heres my question...

Can a person (specifically a lifeguard) get into trouble for not saving a persons life while not on the clock?

-No one else CPR certified is present
-People KNOW the person not acting is a lifeguard
-No access to phones

Basically, its either this off duty lifeguard acts, someone untrained acts (good samaritan law), or no one does a thing and the person dies.

Can that off duty LIFE GUARD be liable?

I know on the clock, the lifeguard MUST act upon saving lives and the Good Samaritan Law doesnt apply. BUT what about when they are off the clock? Could they break the Samaritan law then?

Just ask Doyle.

 

[maniclion]

If you are the only one on scene and a bus is several minutes out I'd say do a quick triage and make sure no one is dying... I have seen plenty of accidents, I always feel I should stop and help since I was one of the designated first response medical aids in my division and retain a lot of my training, but when I see 10 people around I just know I'll be in the way. I have stopped twice to help people though when there wasn't a crowd one lady passed out on a street corner from dehydration and another time a guy ran his camaro up a tree while changing the stereo, he looked unscathed but I had him sit down anyway and next thing I knew he fainted so I had him lay flat and wouldn't let him up until the amberlamps showed up....I wasn't about to let him go walking around and faint again hit his head and blame me for it....

 

[AKIRA]

Just ask Doyle.

Good idea