First Aid

TheSpecialOne48

Hi Folks,

I recently had to use my very basic first aid experience. Thankfully everything worked out ok and the person was extremely thankful and is back to her old self:cool:

Out later with a few friends and one or two of them suggested that even if you come to the aid of someone with the best of intentions, if something went wrong you could end up been sued.

Anyway just genuinely interested and was wondering if someone could point me in the right direction of relevant legislation, or cases of someone giving first aid and then being sued.

Non Fatal offences Against the Person Act 1997 maybe ?????

Thanks

NUTLEY BOY

This is not legal advice just an opinion on an interesting issue.

Not aware of any specific case law on medical cases. On a point of general principle imported from other types of cases I would share your friend's concern.

In rough terms, to be negligent in civil law you need to be in breach of a duty of care. If you have no duty of care then you cannot be negligent.

In your context, you can step right over a person in distress and have no liability to them if you owe them no duty.

HOWEVER, if you owe no duty of care but take upon yourself the onus of providing medical assistance and you do it negligently you are well exposed to liability for damages.

In short, think before you jump in...
The statute that you cited relates to criminal law. I doubt that you would be prosecuted for trying to save a person's life as you probabaly lack intent to commit a particular offence. However, every case turns on it's facts. If the casualty was a strapping blonde with a big chest and you insisted on applying CPR where there was no need for it you might have a bit of explaining to do.

I wish that we had a law here providing immunity for "rescuers" who try to render aid in good faith. I think that there would be a fair argument for not finding civil liability to rest on a negligent rescuer as a matter of policy e.g. not leaving the law such that rescuers may be inhibited from rendering aid for fear of civil or criminal litigation in consequence of an intervention.

eagle_&_bear

TheSpecialOne48 wrote: »

Hi Folks,

I recently had to use my very basic first aid experience. Thankfully everything worked out ok and the person was extremely thankful and is back to her old self:cool:

Out later with a few friends and one or two of them suggested that even if you come to the aid of someone with the best of intentions, if something went wrong you could end up been sued.

Anyway just genuinely interested and was wondering if someone could point me in the right direction of relevant legislation, or cases of someone giving first aid and then being sued.

Non Fatal offences Against the Person Act 1997 maybe ?????

Thanks

*This post does not constitute legal advice, and can not be relied upon therein*

hi there,

with regard to your post - yes it is possible for you to be sued however if you stick to your protocols you should be ok.

It is correct that we do not yet have a rescuers protection clause in any legislation so this makes it dubious for any responders. I'm an EFR & CFR.
However if you stay to your teachings and ensure that your equipment is good and clean and you stick to your teachings/protocols and do not stray from them -the issue of being sued is reduced. however, that would not in any way stop an injured person whom you may have treated perfectly (whether they survive or not) from suing you. They will of course claim negligence in a civil context.

From the civil side of things, they will seek to claim damages for Assault and/or Battery citing your negligence for the injuries sustained as a result of your treatment or your ommission in treatment.

Fortunately this is uncommon, but there have been a few cases of DFB EMT's who have been sued by their patients for cracking ribs while performing CPR. As you know its near impossible not to crack ribs while compressing the chest - and while you save a life, it does not stop the party suing.

not fair but stick to your protocols and you'll be ok

TheSpecialOne48

Thanks a million for both your replies, appreciate your time and effort.

As I said my first aid training would be very basic and probably years out of date, anyway it worked out well must look in to doing a proper course.

I think it’s a shame that it’s not compulsory in schools or colleges, I read somewhere that only 5% of the population know first aid.

Great, so I can get sued for it now as well

Thanks again for the replies

eagle_&_bear

You're more than welcome.

If you are looking at doing one, there's 2 particular courses you can do as a civilian. Either the Cardiac First Responder (CFR) which is a 1day (8 hour) course designed to deal with CPR and Defibrillator (public access defib) OR, do the Occupational First Aid Course (OFA) which is a full 3 day course and covered all basic first aid as well as the CFR course.

Depending where you do the course (Red Cross, Order of Malta) etc will depend on the price.

Both courses are Level 5 FETAC which may or may not be of specific benefit for you if you are doing FETAC programmes

If I can help in any other way, please don't hesitate to contact me

Jamie-b

The good samaritan law exists in a lot if places but not here. You cant get sued for going to someones aid, even if you make a mistake, unless youre grossly negligent. The Law reform Commission has recommended it be introduced, although to date there have been no cases of anyone suing in such circumstances. The law is partly to encouage people I think- if you know you are protected you maybe more likely to help

dermot_sheehan

http://www.lawreform.ie/publications/Report%20good%20samaritan%20full.pdf

This may interest people.