Intervening in First Aid: Good Samaritan law, all you need to know
The law of the Good Samaritan exists in practically every Western country and in many Asian countries, with different declinations and peculiarities
Good Samaritan law and First Aid intervention
A bystander is protected by the Good Samaritan law as long as he has good intentions to help the accident victim to the best of his ability during a medical emergency.
The main purpose of this law is to entice a bystander, i.e. someone who observes a medical emergency by pure chance, to intervene instead of thinking ‘if I make a mistake, I will end up in jail’.
Of course, this does not entitle one to foolish or inappropriate medical practices, and this too is regulated by such legislation.
According to some Good Samaritan laws, as long as medical employees, such as doctors, nurses or medical aid workers, follow standard procedures, they will also be protected by Good Samaritan laws.
What is the purpose of the Good Samaritan Law?
The purpose of the Good Samaritan Law, as mentioned, is to protect people who assist an accident victim during a medical emergency.
Many Good Samaritan laws around the world are generated just for the general public.
The law provides that no qualified medical personnel such as emergency medical personnel or medical professionals are available to support the victim.
That is, it does not provide for a public ‘debate’ on procedures if a doctor, nurse or professional rescuer is among the bystanders.
Since the Good Samaritan usually has no medical training, the law protects him from being liable for injury or death caused to the victim during a medical emergency.
Each law takes care of different individuals, each state declines it specifically.
The law, however, generally states that when you provide help in an emergency, as long as you only do what a reasonable person with your level of training would do in the same situation, and furthermore, you are not expected to pay compensation for helping to adapt.
Furthermore, you are not legally held liable for any injury or death that may occur.
However, note the section on discretion and training.
If, for example, you are not trained to perform CPR and do it anyway, you could be held liable if the person is injured.
In the ‘rescue chain’, it is therefore essential to call the Emergency Number 112 / 118 and follow the instructions of the operator, who is also trained to give precise instructions: if you do this with commitment, no one can hold you responsible regardless of the outcome of the emergency.
It was therefore thought that these laws allowed people to help others without the panic of being sued or prosecuted if something went wrong.
Who covers the Good Samaritan law?
Good Samaritan laws were initially designed to protect doctors and others with medical training.
However, court decisions and legislative changes have helped some laws to change to include untrained helpers who provide help over time.
As a result, there are many versions of the Good Samaritan laws.
In the articles below, you can learn more about many specific aspects of this topic.
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