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Calififornia ruling against Good Samaritans

Marty Munro marty_munro at yahoo.ca
Sat Jan 10 07:06:32 GMT 2009


As a paramedic, I have had countless cases where I have responded to a MVC where patients or bystanders have been worried about "leaking fluids" and vehicles exploding and have quickly and dangerously removed persons from the vehicle.  Of course, quite often the fluid that is leaking is coolant or transmission fluid, but the average person does not know the difference, and as they have seen in many movies I'm sure, cars can just spontaneously blow up. Although from an emergency responder's perspective the people are of course overeacting, we must understand that the majority of people do not have the training and knowledge that we hold. If they did, probably 90% of the 911 calls for ambulances wouldn't be placed. However, these people are just trying to help. And what do all first aid manuals say in the first chapter where they talk about scene safety? Only move the person if they are at risk of being further hurt. I suppose the judge in this case has
 never taken a first aid course. So, if this is written in a first aid manual, is it considered medical? 
 
I know that many of my colleagues always say to never attempt to help anyone when off-duty because you are not covered under your employer's insurance.  Although I am not one to jump in and yell "I am a paramedic, can I help?" every time someone scrapes their knee or is involved in a minor fender bender, I think it is within the nature of most emergency responders to want to help people, regardless if they are on-duty or not. 
 
Although I do not wish bad things upon anybody (most of the time) wouldn't it be ironic if this judge were to one day be trapped in his burning Mercedes, or fall off his yacht while bystanders watched him and said "I'm sorry, a judge ruled once  that I can be sued for helping you if it is not medical treatment" while the judge pleads for help? Just a thought. 
 
 
--- On Fri, 1/9/09, Michael Stein M.D. <mgstein at bezeqint.net> wrote:

From: Michael Stein M.D. <mgstein at bezeqint.net>
Subject: RE: Calififornia ruling against Good Samaritans
To: "'Trauma & Critical Care mailing list'" <trauma-list at trauma.org>
Received: Friday, January 9, 2009, 12:54 AM

Yep,
The stupid legal system of the US of A.
Dad

-----Original Message-----
From: trauma-list-bounces at trauma.org [mailto:trauma-list-bounces at trauma.org]
On Behalf Of Jules
Sent: Friday, January 09, 2009 5:32 AM
To: paramedicine; Trauma &amp, Critical Care mailing list;
texasems-l at yahoogroups.com; cpr-first-aid-ems-instructors at googlegroups.com
Subject: Calififornia ruling against Good Samaritans

 Interesting article...check it out!!




http://www.ems1.com/survivability/articles/446477
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