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  1. #1
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    The danger of 'getting involved'.

    As many people learn the hard way, 'It's a litigious society out there.'.

    Almost everyone is good at heart and wants to help out when there's a problem.

    But you should think about the downside of going to the aid if someone injured in either an auto or industrial accident.

    Even doctors, nurses and trained EMT's get sued every day for actions taken while 'on the job' and administering professional care.

    Where does that leave the untrained/non certified good samaritan who steps in and offers aid on the street?

    I'll just skip over all the possible legal and financial hassals that can occur, and get straight to my personal philosophy.

    Unless it's a family member, or a very close friend, I'm going to turn around and walk the other way while dialing 911.

    If for some reason I just can't resist getting involved, I'll do as much as I can, and then get the hell out before the authorities arrive.
    "Who was that masked man." is the only sensible approach.

    If I hang around and talk to cops and EMT's I'll waste a lot of time and get sucked into 'the system' for later processing.
    Absolute minimum, someone's insurance company is going to want to talk to me, and if there is ANY problem at all lawyerman and the lawsuites aren't very far away.

    So, if you are inclined to trundle around a FAK suitable for a MASH unit, that's your privelige, but think about what the consequences might be before actually getting involved in something outside your own person or your family.

    If you put a band aid on a co-worker's cut finger, and it gets infected, you're liable. Give him the band aid, let him put it on.

    A guy I worked with told me this story.
    He witnessed two cars drag racing across a bridge. One of the drivers lost control and went off the bridge.
    He dived in, pulled the unconscious driver from the car, dislocating his own shoulder in the process.
    With a dislocated shoulder he pulled the guy on shore and administered CPR. saving the guys life. A real hero.
    Lawyerman got involved and the driver sued his rescuer for injuries sustained while being extracted from his sunken car.
    This guy had 17 court appearances in three years(causing the loss of two jobs), had already paid $20,000 in legal fees, and was still involved in litigation!
    He told me that every day for the past two years he wished he had walked away and let the guy drown.

    I know, it sucks BIG TIME, but that's the society the lawyers have created for us.

  2. #2
    Senior Member
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    Re: The danger of 'getting involved'.

    I've saved 3 lives in my time, none of them documented because of this very reason. I have the same "masked man" approach as you do.

  3. #3

    Re: The danger of 'getting involved'.

    Not to mention many first aid situations are high risk for transmitting some pretty wretched diseases.

  4. #4
    Member steve46nw2's Avatar
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    Re: The danger of 'getting involved'.

    Wow.I drive up and down the I-15 everyday and come across alot of "situations".The suit factor really weighs heavy on my mind each and every time I stop to provide service to complete strangers..I have yet to come across a situation where Fire or EMT's haven't secured a scene or hauled off injured peeps.Stories like your friend are frequently heard around my yard and are scrutinized to figure out how to avoid BS like that..The price we pay to live in a capitalist society. Someone's gotta figure out a way how to screw someone out of money somehow...
    I love when I lose and break stuff! Gives me a chance to buy a new toy!
    Atwoodite #462

  5. #5

    Re: The danger of 'getting involved'.

    Quote Originally Posted by knestle
    A guy I worked with told me this story.
    He witnessed two cars drag racing across a bridge. One of the drivers lost control and went off the bridge.
    He dived in, pulled the unconscious driver from the car, dislocating his own shoulder in the process.
    With a dislocated shoulder he pulled the guy on shore and administered CPR. saving the guys life. A real hero.
    Lawyerman got involved and the driver sued his rescuer for injuries sustained while being extracted from his sunken car.
    This guy had 17 court appearances in three years(causing the loss of two jobs), had already paid $20,000 in legal fees, and was still involved in litigation!
    He told me that every day for the past two years he wished he had walked away and let the guy drown.
    How could he have not just said that very thing to a jury and be done with it?

    Additionally, that sounds like the background story of "The Incredibles",

  6. #6

    Re: The danger of 'getting involved'.

    If you're worried about it then don't stop. Legally (morally might be another issue but thats between you and whatever you believe in) you're not required to stop and provide aid (in most places).

    I've taught a lot of people CPR. The beginners usually have some concern and I tell them that whatever they do can only improve the person they're working on, technically they ARE DEAD, and the only direction for them to go is an improvement. As a bystander, if you want to get involved look around and see if there is anyone more qualified or capable than you - if so, help them, if not, do the best you can.

    Having said that, back in the dawn of time when dinosaurs roamed the earth and I was a paramedic I was sued for malpractice - along with my partner, my agency, my captain, the people that trained me and my partner, the state law enforcement agency, two hospitals, a school district, the US Government, the water board, and a few doctors and nurses. Yet, as I was awake many nights thinking about what I did I can honestly say that had I not intervened the individual would have remained dead, and that what I did was absolutely, without a doubt exactly the right thing to do at the time. I haven't been sued yet, as a physician, and hope not to be - I lost a lot of sleep over it, even though ultimately things were in my favor.
    People fall into three general categories: Sheep, wolves, and sheepdogs.

    I guess I'm just the vet

    Emergency Medicine: Saving the world from themselves, one person at a time.

  7. #7

    Re: The danger of 'getting involved'.

    Fortunately some places actually have civil protections for first responders and good samaritans. Check your local laws but here is an overview.

    Good Samaritan Laws

  8. #8
    Member Mitchell's Avatar
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    Re: The danger of 'getting involved'.

    The legal issues can certainly produce some odd results. My ex-wife is an critical care nurse and we were on a trip (during a hot, humid summer) when an older gentleman collapsed. We went to see what had happened and he had a pulse but wasn't breathing. My ex-wife told me to start doing mouth to mouth. That wasn't the time to argue and to make a long story short, the guy started breathing on his own and all turned out OK.

    Afterwords I asked her, why was I the one doing the mouth to mouth? After all, she was ACLS, TNCC and a bunch of other things and I'd just had a couple of CPR classes at work. She told me that if she touched the guy, her license was on the line. If I touched him, the Good Samaritan laws covered me. Wierd.

    That reminds me though, I should start a thread about airway masks.
    Stay alert, trust no one and keep your laser handy!

  9. #9

    Re: The danger of 'getting involved'.

    I've never been in such a situation myself, but I would do whatever I can to help somebody who is in serious trouble or injured. In the Netherlands we don't have the kind of "sue you' mentality, even if we did it's a lot harder to actually sue somebody. And if you do end up in court, your case will be judged by judges, not by random idiots.
    Surely you can't be serious. I am serious... and don't call me Shirley.

  10. #10

    Re: The danger of 'getting involved'.

    Quote Originally Posted by Synaptic Misfire
    Fortunately some places actually have civil protections for first responders and good samaritans. Check your local laws but here is an overview.

    Good Samaritan Laws
    And any lawyer in the US will try and prove that you acted wtih reckless disregard for the accepted standard of care of a person with your level of experience and training (I've been an expert witness in a few trials like this). Or that you had some sort of duty to act, which make the GS laws inapplicable.
    People fall into three general categories: Sheep, wolves, and sheepdogs.

    I guess I'm just the vet

    Emergency Medicine: Saving the world from themselves, one person at a time.

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