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Responsible First Aid
It may sound morally absurd but nobody is required to render first aid under normal circumstances. Even a physician or someone certified in first aid could ignore a stranger suffering a heart attack if he chose to do so, however there is an exception.
That exception includes situations where a person’s employment designates the rendering of first aid as a part of described job duties. Examples include lifeguards, law enforcement officers, paramedics, park rangers and safety officers, etc.
The duty to provide first aid also exists where an individual has presumed responsibility for another person’s safety, as in the case of a parent-child or driver-passenger relationship.
While in most cases there is no legal responsibility to provide first aid care to another person, there is a very clear responsibility to continue care once you start. You cannot start first aid and then stop unless the victim no longer needs your attention, other first providers take over the responsibility from you, or you are physically unable to continue care.
Patient Consent Required
In every instance where first aid is to be provided, the victim’s consent is required. It should be obtained from every conscious, mentally-competent adult. The consent may be either oral or written.
Permission to render first aid to an unconscious victim is implied and a first aider should not hesitate to treat an unconscious victim. Consent of a parent or guardian is required to treat a child, however emergency first aid necessary to maintain life may be provided without such consent.
It is important to remember that a victim has the right to refuse first aid care and in these instances you must respect the victim’s decision. You cannot force care on a person who does not want it … regardless of their condition!
Legal Concern
People hesitate to provide first aid because they are often concerned about being sued. This need not be a concern! Legislators in every state in the country have passed GOOD SAMARITAN LAWS which are protect good people who offer first aid help to others. Most of the Good Samaritan Acts are very similar in their content and usually provide two basic requirements which must be met in order for the first aid provider to be protected by their provisions:
- The provider must not deliberately cause harm to the victim.
- The provider must provide the level & type of care expected of a reasonable person with the same amount of training & in similar circumstances.
There should be little, if any, concern about legal consequences inherent in providing first aid. You need only have the victim’s consent and then offer the level of care for which you are qualified.
Do not attempt things you are not qualified for and ALWAYS dial 911!