Jump to content


Photo

Legality of performing First Aid- Good Samaritan Law

First Aid TCCC Good Samaritan Law

  • Please log in to reply
6 replies to this topic

#1 Thunder7

Thunder7

    Landlubber

  • Crew Member
  • 22 posts

Posted 05 January 2016 - 01:46 PM

Just wanted to throw out the question about performing First aid while not being certified in anything and how legal that is and how much protection is afforded by Good Samaritan Laws.

 

A Little Background: my Red Cross Advanced First Aid/First Responder/ CPR/ AED cert lapsed a while ago (4+ Years) But I'm wondering what liability I would have if I were to do basic trauma care like using a TQ or Chest Seal in the case of a range accident/ Hunting Accident/ or Home Defense scenario where the intruder was incapacitated but not killed.  Obviously I'm not talking about anything like using a decompression needle or trying to set a bone, but simply trying to stabilize the victim and stop bleeding while waiting for EMS to arrive. 

 

Also, there are a lot of tactical med. classes out there, but as far as I can tell, most do not issue a certification so what would be the ramifications of performing some of that advanced stuff by a non LEO/Mil guy after getting some of that training?


Edited by Thunder7, 05 January 2016 - 01:48 PM.


#2 EMSWxSAR

EMSWxSAR

    Salty Dog

  • Crew Leader
  • 368 posts
  • LocationFL

Posted 05 January 2016 - 02:22 PM

These are the rules I follow:

 

Don't go beyond your training.  If you read about a new technique, or watched a video that doesn't qualify you to perform it in the field.

As a layresponder, I wouldn't go beyond the basics even if you were previously certified under a higher scope of practice.  So, CPR, first aid, etc.

Learn the Good Samaritan laws for your State.  Most will say don't accept compensation, gain consent, don't go beyond your training, etc.

 

So, basically if you do what any normal person would do in rendering aid then you should be fine.

 

If you want to go beyond that you'll need to be licensed as well as fall under some sort of medical direction (this goes for those advanced classes).  As an example I just finished my EMT schooling.  Once I get my license the medical director for my SAR team will allow me to use my skills in the field.  Other than that I am just a layresponder.  The kit that I have in my car contains mainly trauma dressings, TQ, CPR barrier, etc.  I've been trained on things such as airway adjuncts, etc, but won't carry nor use them unless I'm covered legally.

 

Hope that helps.

 

EDIT: Almost forgot! Once you start rendering care don't stop unless you transfer care to someone of a higher skill-level (i.e. EMS) or you are too exhausted to continue.


Edited by EMSWxSAR, 05 January 2016 - 02:31 PM.

  • Jersey0311 and MightyP like this

its_fl_sar_smaller.png


#3 911 Healer

911 Healer

    Life Member

  • Crew Leader
  • 67 posts
  • LocationWaukee, Iowa

Posted 05 January 2016 - 04:11 PM

As an 18 year EMS provider/CPR Instructor and an EMS Instructor for 15 years - I have learned one thing. Each state is different. I am licensed in two states as an EMS provider. They are polar opposites when It comes to providing care, when off-duty. One says that I am to provide only basic first aid, while the other says that I am to provide care within my EMS scope of practice.

Some states allow workplace emergency response teams (trained in basic CPR/AED and First Aid) to fall under their Good Samaritan Law - while others (as my home state), don't and put it onto the businesses' liability insurance.

Your best bet - and safest - is to chat with an attorney in your jurisdiction. Everyone has their own way of doing things and in the eyes of the law - it could be that they are doing it right, or they could be doing it wrong AND it depends on your particular jurisdiction. The safest way to ensure that you are within the confines of the law, is by speaking with someone who specializes in the law.

Edited by 911 Healer, 05 January 2016 - 04:17 PM.

AUT INVENIAM VIAM AUT FACIAM (I will either find a way, or make one.) - Hannibal

ITS Life Member and Crew Leader

Owner and Principal Instructor - at, Immediate Action Outfitters, LLC www.facebook.com/ImmediateActionOutfitters


#4 pira114

pira114

    Salty Dog

  • Crew Leader
  • 1,195 posts
  • LocationSierra Nevadas

Posted 05 January 2016 - 07:19 PM

You'd be protected in Ca. The key is reasonableness. The test in court is if a reasonable person would likely have known that doing this or that was good or bad.

For the most part, you're protected. For example, most reasonable people know that dragging a vehicle accident victim from a car can cause spinal injuries to worsen. However, a reasonable person in any set of circumstances can conclude that leaving them in the vehicle may or may not be more dangerous. So if you decide to leave them in place, but the vehicle catches fire and they burn, you're ok. If you decide to drag them, they suffer worse injuries, and the car never actually catches fore, you're still ok.

Edited by pira114, 05 January 2016 - 07:21 PM.


#5 pira114

pira114

    Salty Dog

  • Crew Leader
  • 1,195 posts
  • LocationSierra Nevadas

Posted 05 January 2016 - 07:24 PM

I should add that it's all regional.

We always say here that if you're gonna carry a gun, you need training and practice. And if your gonna carry a gun, you should carry an IFAK. And if you're gonna carry an IFAK, you should have the training.

Sooooo..... the same holds true. For all those things, you ALSO have what I believe is an obligation to know the laws regarding all that.

And if you're gonna have all that equipment, training, and knowledge of laws, you probably should have a good job to pay for all the bags and pouches you're gonna buy. Just sayin
  • MightyP and Rulrofelves like this

#6 Psybain

Psybain

    Salty Dog

  • Crew Leader
  • 1,673 posts
  • LocationSE AZ

Posted 05 January 2016 - 10:59 PM

In the tccc class I took, our instructor advised to only do the basics to keep the victim alive until emts arrive, and to save the more advanced shit for combat, and that was with us getting a legit 4 year certification after completing the course.
  • 911 Healer likes this

35066390514_66d1ce57b5_z.jpg
As Seen on: M4Carbine.net, GlockTalk, and NCGO.
 


#7 MarcMcD

MarcMcD

    Landlubber

  • Crew Leader
  • 5 posts
  • LocationOKC Metro

Posted 03 February 2016 - 03:09 AM

Everything that as been mentioned thus far is true.  Legality varies greatly from state to state.  You want to check "Good Samaritan" laws in your state.  

If you are a licensed healthcare provider, you need to inquire with the Department of Health in your state to determine your duty to act. 

 

 

 I have learned one thing. Each state is different. I am licensed in two states as an EMS provider. They are polar opposites when It comes to providing care, when off-duty. One says that I am to provide only basic first aid, while the other says that I am to provide care within my EMS scope of practice.

 

as 911 Healer has stated - neighboring states can be drastically different...

 

~Marc







Also tagged with one or more of these keywords: First Aid, TCCC, Good Samaritan Law

0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users