Good Samaritan lawsuits

[richlevy]

From here.

Being a good Samaritan in California just got a little riskier.

The California Supreme Court ruled Thursday that a young woman who pulled a co-worker from a crashed vehicle isn't immune from civil liability because the care she rendered wasn't medical.

The divided high court appeared to signal that rescue efforts are the responsibility of trained professionals. It was also thought to be the first ruling by the court that someone who intervened in an accident in good faith could be sued.

Lisa Torti of Northridge allegedly worsened the injuries suffered by Alexandra Van Horn by yanking her "like a rag doll" from the wrecked car on Topanga Canyon Boulevard.

Torti now faces possible liability for injuries suffered by Van Horn, a fellow department store cosmetician who was rendered a paraplegic in the accident that ended a night of Halloween revelry in 2004.

In 1980, the Legislature enacted the Health and Safety Code, which provides that "no person who in good faith, and not for compensation, renders emergency care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission."

Although that passage does not use the word "medical" in describing the protected emergency care, it was included in the section of the code that deals with emergency medical services. By placing it there, lawmakers intended to shield "only those persons who in good faith render emergency medical care at the scene of a medical emergency," Justice Carlos R. Moreno wrote for the majority.

The awful thing is that the woman must know that her coworker doesn't have any real assets. Is she thinking of taking her house?

[Yznhymr]

Welcome to the end of human kindness.

[Trilby]

Like Elspode says: Everything is always about money.

Money: the beginning, middle and end of human history.

ever think that, except for blowing people up, the Unibomber had it right?

[Sundae]

I remember when my Mum was working for the ambulance service and told me never to offer first aid in the street. What? This went completely against the way we were raised! I mean the first badges we got in both the Brownies and the Guides were the First Aid badges, at my Mum's insistence (everyone else eased in gently with something like the Hostess badge).

Turns out that the paramedics were having to use gloves and mouth-to-mouth masks after a few scares where the patient turned out to be HIV positive. And Mum was worried that we might happen upon the only junkie in Aylesbury and contract it from being a good Samaritan.

I felt a little part of me wilt away back then.

[Bullitt]

I can somewhat understand the other side of this. If I was in a serious car wreck, I wouldn't want anyone touching me before the paramedics arrived unless it was pressure on a wound to slow the bleeding. Moving someone when you don't really know what you're doing can have permanent life-long consequences like paralysis, etc. Keep me warm, try to stop the bleeding, but for God's sake don't play EMT on me because you probably lack the skills and knowledge, and definitely lack the tools and equipment. We should be teaching kids in high school how to handle situations with major injuries properly so as to help the victim in basic manners without causing further injury until the professionals arrive. How to stop bleeding, CPR, symptoms of shock, how to treat hypothermia and heat exhaustion, etc.

[HungLikeJesus]

What if the car is on fire?

[wolf]

AFAIK Good Samaritan, at least in Pennsylvania, really only applies to people who know what they are doing ... EMTs, Fire Rescue, Doctors, Nurses (although there are few things more useless than doctors at an accident scene).

I also recall something about them being able to be charged if they fail to render aid.

[Sundae]

Originally Posted by HungLikeJesus

What if the car is on fire?

This is where we stray into a real grey area. The car is on fire, on top of a cliff, still on the road etc etc. It discourages people from trying to save a life regardless of possible injuries, which is sad.

I was taught that both CPR and the Heimlich manouevre could break ribs, but the instructor each time said, "I don't think anyone would complain about broken ribs if you saved their life! Ha ha ha."

[piercehawkeye45]

Originally Posted by Bullitt

I can somewhat understand the other side of this. If I was in a serious car wreck, I wouldn't want anyone touching me before the paramedics arrived unless it was pressure on a wound to slow the bleeding. Moving someone when you don't really know what you're doing can have permanent life-long consequences like paralysis, etc. Keep me warm, try to stop the bleeding, but for God's sake don't play EMT on me because you probably lack the skills and knowledge, and definitely lack the tools and equipment. We should be teaching kids in high school how to handle situations with major injuries properly so as to help the victim in basic manners without causing further injury until the professionals arrive. How to stop bleeding, CPR, symptoms of shock, how to treat hypothermia and heat exhaustion, etc.

Originally Posted by HungLikeJesus

What if the car is on fire?

I'm assuming common sense would be the leading factor. If the person was in great threat of dying or being burnt alive, then taking action would (I at least hope) be the best course of action. If the person's life wasn't immediately at stake, then waiting for paramedics and professionals might be the better option.

If someone sues me for saving their life (that means if I wasn't there they would be dead), I can't even finish this statement.

[Bullitt]

Originally Posted by piercehawkeye45

I'm assuming common sense would be the leading factor. If the person was in great threat of dying or being burnt alive, then taking action would (I at least hope) be the best course of action. If the person's life wasn't immediately at stake, then waiting for paramedics and professionals might be the better option.

If someone sues me for saving their life (that means if I wasn't there they would be dead), I can't even finish this statement.

This.

I was talking more about situations where one's life is not in immediate jeopardy like a car on fire.

[Juniper]

Common sense, and all the first aid type courses I've taken, tells us that if the person's life isn't in imminent jeopardy, you do not move them, but wait for EMT's because it could worsen their injuries. When EMT's remove someone from an accident scene they have particular protocols they use to stabilize the neck and spine.

I don't think this refers to doing CPR or the heimlich, or doing other basic first aid. That is why the Red Cross conducts classes and why most public buildings have a defibrillator attached to the wall like a fire hydrant. They want people to help, just not to go overboard.

[lookout123]

"You didn't save my life, you ruined my death!"

--Oliver Sansweet

[footfootfoot]

I think common sense takes a back seat (in a crashed car, no doubt) to drunken comsetolegist halloween revelry.

The gene pool has no life guard and a lot of folks are diving in the shallow end.

[DanaC]

The Good Samaritan:



NSFRD (not safe for religious dudes)

[TheMercenary]

Originally Posted by Brianna

Like Elspode says: Everything is always about money.

Money: the beginning, middle and end of human history.

ever think that, except for blowing people up, the Unibomber had it right?

No way [/sarc]