Legal Issues Surrounding First Aid Essay, Research Paper

First aid is the initial care given to a sick or injured person before more formal medical

assistance is applied. The goal of first aid is to intervene actively to prevent further

damage, to provide life support, and to begin effective treatment of the victim’s

condition, to minimize injury and prevent death. Although first aid is not a substitute for

medical care, those trained in first aid are able to assess the nature and the extent of an

emergency and determine the best course of action to take until professional medical

help arrives.

The need for training in first aid is evident, considering that injury is the fourth leading

cause of death. Falls are the most common cause of injury, but motor vehicle accidents

are the most lethal, accounting for 22 percent of injury deaths.

An important thing to know when dealing with a first aid situation is to be up to date as

far as procedures are concerned. Procedures like slapping a choking person on the back,

putting iodine on a wound, cutting an X on a snake bite, putting ointment on burns, or

using a tourniquet to stop bleeding are old, out dated procedures and have been replaced

by new ones from the Red Cross association. If you decide to administer first aid, be sure

you are familiar with current procedures.

First aid begins with a scene survey. Before approaching a victim, a survey of the area

is necessary to determine if conditions surrounding the incident may place the victim and

the rescuer in danger. Next, the primary survey will determine if lifesaving procedures

must be immediately performed to save the victim’s life. The primary survey involves

checking the ABC’s: A: Is the airway opened and the victim’s neck stabilized? B: Is the

patient breathing? C: Is the victim’s blood circulating? Is there a pulse? Or is there

active bleeding?

Lifesaving procedures include cardiopulmonary resuscitation , which may be needed to

provide basic life support when a victim has no pulse and is not breathing. The Heimlich

maneuver aids choking victims by forcing ejection of obstructing material from the

windpipe. The severity of spinal cord injuries has decreased 30-45 percent due to

awareness that the neck must be stabilized before moving the accident victim. External

bleeding is controlled by direct pressure and elevation of the bleeding site.

The secondary survey is a total body examination, a pulse check, respiration count, and

observation of skin conditions. The only outward sign of severe medical problems, such

as cardiac diseases, stroke, or internal bleeding, may be shock. Those in shock will have

pale, cool, and clammy skin, a rapid and weak pulse, more than 20 respirations per

minute, weakness, and confused behavior. Treatment involves minimizing body heat

loss, elevating the legs without disturbing the rest of the body, and getting help as quickly

as possible.

No one is required to render first aid under normal circumstances. Even a physician

could ignore a stranger suffering a heart attack if he chose to do so. Exceptions include

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, park

rangers and safety officers in industry. A 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 a 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 aiders take over the

responsibility from you or you are physically unable to continue care.

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.

Some well-meaning people hesitate to perform first aid because they are concerned

about being sued. Legislators in almost every state in the country have passed Good

Samaritan Laws which are intended to 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 aider to be

protected by their provisions: the first aider must not deliberately cause harm to the

victim and the first aider must provide the level and type of care expected of a reasonable

person with the same amount of training and in similar circumstances.

If there is a situation that is due to the defendant’s own negligence, then it imposes on

him a duty to make a reasonable effort to give assistance. In most states there is a statute

to this effect in reference to automobile accidents. It states that the driver of a vehicle

involved in an accident resulting in injury to or death of any person shall render to any

person injured in such an accident reasonable assistance, including the carrying or

making arrangements for the carrying of such person to a physician, surgeon, or hospital

for medical or surgical treatment, if it is apparent that such treatment is necessary, and if

such carrying is requested by the injured party. In most state Drivers’ manuals directions

are given for behavior required after an accident among them being a part devoted to care

of persons injured in an accident. The directions specify that the injured person is not to

be moved unless necessary, keep the victim lying down, still, and warm, and send for an

ambulance, doctor, and police.

So we see that for an omission to act there is no liability unless there is some definite

relation between the parties which is regarded as imposing a duty to act. The law has not

recognized any general duty to aid a person who is in peril, but if the defendant enters

upon an affirmative course of conduct affecting the interests of another, he is regarded as

assuming a duty to act and will thereafter be liable for negligent acts or omissions. It is

quite clear then, that we are not required by law to give aid to a person in danger or

injured except under conditions of the statute stated above, but if we do take it upon

ourselves to help the injured then we must give reasonable care or we may find ourselves

liable for our actions. However, it would appear to me that it would be very hard for a

court to define what is or isn’t reasonable care, and the outcome of any such case would

quite likely be in favor of the defendant.

The purpose of this paper is to provide some basic guidelines as to what the laws state

in some approaches in first aid situations. With these guidelines it is hoped you can

more readily see and appreciate probable legal implications and also that you will

discover that the law is not engaged in searching for legal wrongdoing. Specific rules of

conduct for your own work should be formulated after proper consultation with your own

legal counsel.

The law recognizes that there are various degrees of skill. There are few problems for

people who stay in their own area. The right and duty to engage in radical procedures,

such as external heart massage and tracheotomies, are necessarily governed by the

circumstances. When communication is good and transportation swift, it is generally

wise to leave such procedures to physicians. The function of para-medical people is to

get the patient to a physician for diagnosis and treatment in as good condition as possible,

not to act as a physician. In times of great disaster or in the absence of transportation and

communication, it may be necessary and appropriate for all medical personnel to be

upgraded. Such promotions must be made with caution and after careful consideration of

the genuine need.

It is not the purpose of the law nor this discussion to alarm you that you do not perform

your duty. Legal complications have been extremely rare in this area and they will

continue to be most unusual so long as common sense and advance planning and thought

are applied. Your participation in first aid is evidence of your desire to achieve the

proper level of skill and training. The careful use of this skill and training will not only

enhance the physical welfare of the persons you care for but will also enhance your own

legal welfare.

On a closing note, here is a copy of Indiana’s Good Samaritan Law as an example of

almost every other states Good Samaritan Law.

"From and after the effective date of this act, no civil action can be brought against a

person licensed to practice the healing arts in the state of Indiana, who has gratuitously

rendered first aid or emergency care at the scene of an accident, casualty or disaster to a

person injured therein, for the recovery of civil damages as a result of any act or omission

by the said person rendering such first aid or emergency care in the rendering of such

first aid or emergency care. This immunity does not apply to acts or omissions

constituting gross negligence or willful or wanton misconduct."

As you can see, there is essentially nothing to lose if you administer first aid as long as

you try your best to help and know what you are doing. Keep in mind that helping

someone in a life and death matter is a very big commitment, so make sure you are

willing to do so before you act.