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Calififornia ruling against Good Samaritans
Michael Stein M.D. mgstein at bezeqint.netSat Jan 10 09:03:56 GMT 2009
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On top of all that, it the vast majority of spinal cord damage is caused by the initial impact of the injury. It is EXTREMELY RARE that a victim of an MVC sustains an UNSTABLE injury to the Spinal Column with intact neurology that later suffers neurological damage due to mishandling of initial responders. Although we all have these RARE cases in our "institutional memory", that were initially moving their legs and lost their motor function after being miss-manipulated by care providers, they are so rare that one can count them on one hand over a period of a lifetime. My experience (in 25 years) in dealing with trauma patients is 2 cases. This, compared to dozens of cases of paraplegics and quadriplegics from the onset and hundreds of unstable spinal column injuries that stayed neurologically intact with or without spinal protection. The chances are that in this case too, the patient was neurologically impaired from the onset and the poor "Good Samaritan" is being blamed for nothing. The American legal system enables the largest democracy in the world to function. However, if the public (society) puts up with this kind of absurd verdicts and not close the loopholes in the laws that make these stupid decisions possible, it probably deserves to be left alone and die on the streets while everyone around will observe and wait for the EMS to arrive. Mickey -----Original Message----- From: trauma-list-bounces at trauma.org [mailto:trauma-list-bounces at trauma.org] On Behalf Of Marty Munro Sent: Saturday, January 10, 2009 9:07 AM To: Trauma & Critical Care mailing list Subject: RE: Calififornia ruling against Good Samaritans 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 &, 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 -- trauma-list : TRAUMA.ORG To change your settings or unsubscribe visit: http://www.trauma.org/index.php?/community/ -- trauma-list : TRAUMA.ORG To change your settings or unsubscribe visit: http://www.trauma.org/index.php?/community/ __________________________________________________________________ Instant Messaging, free SMS, sharing photos and more... Try the new Yahoo! Canada Messenger at http://ca.beta.messenger.yahoo.com/ -- trauma-list : TRAUMA.ORG To change your settings or unsubscribe visit: http://www.trauma.org/index.php?/community/
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