Witness an Emergency: Do you stop?

[Ridryder911]

In Wisconsin we can act under "Good Samaritan" if we perform within our scope. Response times can be long in some parts of my county. Some first responder units dont even have a rig, they just respond in their personal vehicles. They are all volunteer, so they are protected under good samaritan.

You might want to consult with an attorney. I am not aware in any of the 50 states that makes a "Good Samaritan Act" exemption because they are volunteers. From most EMS legal experts will define "good Samaritan" as those not representing some form of response units that has "a duty to act.

So many feel because they are a volunteer unit they are exempt from liability and litigation, which is far from true. It does not matter what they respond in as long as they answered a call (duty to act). Good Samaritan is for those that come upon an accident, and acted as within a reasonable man.

R/r 911

 

[fm_emt]

So many feel because they are a volunteer unit they are exempt from liability and litigation, which is far from true. It does not matter what they respond in as long as they answered a call (duty to act). Good Samaritan is for those that come upon an accident, and acted as within a reasonable man.

Actually, I was just talking with an attorney about this, and in California I believe that we *are* covered/shielded under the Good Sam laws, provided we act in good faith and there is no gross negligence involved.

I emailed him the above post and will let you know what he says. we were just talking about the Good Sam stuff & duty to act the other day, but I have swiss cheese for a brain and can't remember the result. heh.

 

[Hedar]

In Italy there are no laws about...
Anyway in 7 years I rescued almost 20 people off-duty.

Sometimes it could be dangerous, last year for example, i'm running on A4 (highway from Milan to Venice) when find a car accident, 2 bus and 7-8 cars...
No rescuer on site, 20-30 people running allover, someone bleeding, someone moving around shocked...

I stop immediately to do something, helped by other people I teach them how to create a safety area away from target and how to immobilize people blocked into the cars... I try to teach to 30 people the S.T.A.R.T. protocol (if U know what is it... )...

After 10 minutes arrived on target 3 helicopter and some police and fireman, I continue work with rescuers for over 1 hour...

After all, I return on my car and go home, happy and full of satisfaction for the adventure...

2 day later. . . h34r:

Highway Police gave me a nice comunication, 18 point lose on my drive patent (in Italy we have 20 point, when lose all U can burn your patent ^_^ ) because I stopped my car into emergency runway and without emergency light...

Good samaritans or stupid? <_<

 

[Ridryder911]

Actually, I was just talking with an attorney about this, and in California I believe that we *are* covered/shielded under the Good Sam laws, provided we act in good faith and there is no gross negligence involved.

I emailed him the above post and will let you know what he says. we were just talking about the Good Sam stuff & duty to act the other day, but I have swiss cheese for a brain and can't remember the result. heh.

I believe you will find out if you are volunteering to stop as a "normal citizen" (that is no responsibility, or no duty to act) the Good Samaritan Act will cover you (of course that is if you act within reason and good faith).

However; if one is representing a rescue, EMS, etc.. in which they are responsible to respond (trained & have a duty to act)., there will be no exemption. The difference changes when one hangs their shingle out, and has an obligation to respond or duty to act, than just coming upon an accident off-duty as a civilian.

That is why there is no difference in litigation cases from being a volunteer to a paid responder, all negligent cases are handled the same. Just because one is a volunteer on a EMS does not exempt them or the city they represent. Nor should it, if there was negligence involved.

What most volunteers do not realize or understand is the Good Samaritan Act only covers them in "good faith and reasonable man". This is especially important the moment any skill above first-aid occurs, when one is off duty.. such as IV, even oxygen (since both are legally a drug and requires a physician order). As well one would be practicing medicine without a license.

Ironically, the Good Samaritan Act was written due to a response from a 1954 article in Reader's Digest , in regards that physicians were fearful & not stopping at car accidents due to potential liability. Funny thing is until that was published there were very few medical law suits, and no documented physicians being sued. However; five years afterwards litigation had doubled... go figure!

R/r 911

 

[emtwannabe]

So if I follow you correctly, if I have any sort of EMS-related sticker or license plate on my vehicle,or wear an EMS T-shirt or hat, and I am a licensed and certified EMT, I am obligated to stop and render aid based upon "duty to act"?

I am a little fuzzy on this, as we have not covered this in EMT class.

Thanks,
Jeff

 

[Ridryder911]

Some states have an "obligation" clause requiring those that display medical emblems or certified responders to stop, however; most do not require off duty to stop. I myself personally never stop.

The point I am attempting to clarify is many assume that if they work on a volunteer squad, they are immediately exempt. Which is far from true. There have been many successful litigation's against volunteer EMT's and Volunteer EMS/Rescue Services.

As long as one is not "working or representing a service" (paid or volunteer= Duty to Act) one is usually covered by the Good Samaritan Act. That is as long as they are functioning within the first responder role. Once someone is providing above medical care (i.e. oxygen, IV's, med.'s) then they have stepped out of the realm of the common person.

Personally, do not be afraid to stop at scenes, if that is what you feel you need to do. As long as you are doing the role as a first responder would do.

The bottom line is anyone can sue you if they want to.. dependent if base cause and warrants is another thing. This is why I have medical malpractice insurance. It is not so much the law suit, rather the attorney fees that might break you, even if you cleared or did no wrong.

R/r 911

 

[firecoins]

AsThe bottom line is anyone can sue you if they want to.. dependent if base cause and warrants is another thing. This is why I have medical malpractice insurance. It is not so much the law suit, rather the attorney fees that might break you, even if you cleared or did no wrong.

R/r 911

That is true. You can be sued reguardless of what the law says.

I am careful never to say I hold a certification unless necessary.

I stopped for accident on the West Side Higway in NYC with an overturned vehicle. People were running around until I identified myself as an EMT. Being an EMT allowed me to get control of an out of control scene. But I never tolde the NYPD my certification, never even gave my name. Just handed over control to them. Gave them the usual EMT report on my 1 injured party and left.

Another car accident on the FDR last December, I only identifed myself as a former EMT to pd and FDNY EMS as I assisted them. My certification ran out a couple years back and I didn't want to make any claims.

 

[sbirn]

Unlike North America, here in Israel there is no certification between basic first aid and EMT, and the police don't have any real responder training. Last June I was driving along a major highway when I found a cruiser blocking 2 out of 3 lanes and saw a figure lying on the highway but nobody was standing near him. Since I'm in a volunteer SAR team, I always have my gear in the car so I pulled over to see what was going on.

I walked up to the cop who was sitting in the cruiser with the door open and smoking a cigarette if the guy was alive. His response: "I don't know. Go check."

I found no signs of life, but we got him rolled by the time the mobile ICU arrived. The guy had committed suicide by jumping in front of a car and his chest cavity had more or less turned into jello. CPR wasn't really possible, and the intubation was...messy.

I've also been at the scene of an accident where a junior EMT was instructed by the also junior EMT/driver to replace a C-collar we'd already put on (that fit just fine) because he'd meant to ask her to bring the other one (plastic vs foam).

So yeah...I stop mostly because I kinda fear the care that people get unless there is a mobile ICU on-scene.

 

[jeepmedic]

Go Play Golf.

 

[Airwaygoddess]

Go Play Golf.

FOUR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

[FF/EMT Sam]

In Italy there are no laws about...
Anyway in 7 years I rescued almost 20 people off-duty.

Sometimes it could be dangerous, last year for example, i'm running on A4 (highway from Milan to Venice) when find a car accident, 2 bus and 7-8 cars...
No rescuer on site, 20-30 people running allover, someone bleeding, someone moving around shocked...

I stop immediately to do something, helped by other people I teach them how to create a safety area away from target and how to immobilize people blocked into the cars... I try to teach to 30 people the S.T.A.R.T. protocol (if U know what is it... )...

After 10 minutes arrived on target 3 helicopter and some police and fireman, I continue work with rescuers for over 1 hour...

After all, I return on my car and go home, happy and full of satisfaction for the adventure...

2 day later. . . h34r:

Highway Police gave me a nice comunication, 18 point lose on my drive patent (in Italy we have 20 point, when lose all U can burn your patent ^_^ ) because I stopped my car into emergency runway and without emergency light...

Good samaritans or stupid? <_<

Wow! What a call! And I hope you told the Highway Police where to put those 18 points.

 

[mfrjason]

I dont think its right that he got those points for being a good samaritan,that is such bulls--t! I would of definitely told them where to stick those points!