Coast Guard Triage Question (U-869)

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Regarding the CPR, one of the primary reasons for changing the procedures in 2005 was to lessen the rate of inaction caused by things like fearing a suit for doing it incorrectly. The new techniques are not necessarily medically better, but they're easier to remember and thus more likely to be used.

Excerpt from: The 2005 International Consensus on Cardiopulmonary Resuscitation and Emergency Cardiovascular Care Science with Treatment Recommendations (CoSTR)

The most important determinant of survival
from sudden cardiac arrest is the presence of a
trained lay rescuer who is ready, willing, able,
and equipped to act. Although some advanced life
support techniques may improve survival, these
improvements are usually less significant than the
increased survival rates reported by lay rescuer CPR
and automated external defibrillation programs in
the community. Thus, our greatest challenge
remains the education of the lay rescuer. We must
increase the effectiveness and efficiency of instruction,
improve skills retention, and reduce barriers
to action for both basic and advanced life support
providers.


Resuscitation (2005) 67, 1.e1—1.e30
Download at: ERC European Resuscitation Council

The barriers mentioned are the various reasons previously trained laypersons do not act. So my point is (I'm getting there <g>), toss out the fear of suit (except for those of you insured professionals) and help out. I think we all agree, the person's likely a gonner if we stand back 'cause our card's expired. I'll risk the suit and, in the spirit of the 2005 concensus, encourage everyone else to do the same. If my heart stops ticking, I pray someone - regardless of how long it's been since they learned - keeps my juice flowing until real help arrives.

BTW, if I recall correctly, the lawyer who sued for the lost pants lost his shirt (so to speak :) ) when the judge slapped him with a huge bill for wasting the court's time.
 
Under North Carolina good samaritan laws, from what I have been taught, if you do nothing beyond the normal scope of care for which you've been trained. You are covered, period. Which means, my cpr card has expired but I administer cpr. No problem. I try to perform surgery. Nope, can't go there. If I acknowledge someone has a problem and DO NOT perform basic first aid, I can be gotten for negligence. Both civil and criminal. I'm sure if I was taught wrong I'll be corrected, or at least I hope so.

I would disagree with you here.... Unless you have a duty to act, such as being a first responder or EMT ON DUTY, then you are still covered by the Good Samaritan Law in most places. As a medic, I am not required to do anything, and as a matter of fact, I am not even covered by my protocols when I am off duty. So IMHO it would be hard to prove negligence if you chose not to act.

Unfortunately we do live in a litigious society and I know a number of medical professionals that are so scared of being sued that they will avoid offering assistance unless there is no other option.

Just my $0.02
 
dakardiver:
BTW, if I recall correctly, the lawyer who sued for the lost pants lost his shirt (so to speak :) ) when the judge slapped him with a huge bill for wasting the court's time.

But it went on forever before he was stopped...and...the dry cleaner went broke in the process...Lost everything on a totally BS civil suit. That it was able to go on as long as it did to the extent this low life judge caused these innocent people to lose everything because of legal expenses...that the low life was even able to file suit was beyond belief. But guess what...He was able to do it. Thus my point...You can get sued for anything...and you can go broke just by proving your innocence. I can only hope the low life had to reimburse this family. As for him...There are simply some people who don't deserve to be alive...
 
Under North Carolina good samaritan laws, from what I have been taught, if you do nothing beyond the normal scope of care for which you've been trained. You are covered, period. Which means, my cpr card has expired but I administer cpr. No problem. I try to perform surgery. Nope, can't go there. If I acknowledge someone has a problem and DO NOT perform basic first aid, I can be gotten for negligence. Both civil and criminal. I'm sure if I was taught wrong I'll be corrected, or at least I hope so.

Nope, nope, nope, so wrong.
You can sit idly by and watch others die. No legal problem. Absent a duty to act (as has been pointed out), such as a student/instructor relationship, you'll win that suit in the preliminary stages. As has also been pointed out, anyone can sue anyone for anything. That's a suit, however, that won't see a jury and might even be subject to sanctions.
 

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