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Calififornia ruling against Good Samaritans

Doucet, Jay jdoucet at ucsd.edu
Sat Jan 10 20:47:06 GMT 2009


That particular article may have some bias - as the author acknowledges in the last paragraph - his own mother being left to die without extrication after a MVC.

A different interpretation is that the intoxicated defendant "freaked out" and she yanked the victim from a vehicle which witnesses state showed no evidence of being likely to explode or burn.  She then dropped the victim immediately next to the vehicle, which seemed inconsistent with any perceived risk of fire/explosion.

The question I think is what a "reasonable person" would do - and it seems the standard in California is now that an average adult should know not to pull a MVA victim from a vehicle without a scene threat and when EMS is likely to arrive quickly.  This is not wholly unreasonable in my opinion.

A more level article is found at the LA Times: http://www.latimes.com/features/health/medicine/la-me-good-samaritan19-2008dec19,0,6547898.story

Jay Doucet MD MSc FRCSC FACS RDMS
Associate Professor of Clinical Surgery
Director, Surgical Intensive Care Unit 
Division of Trauma, Burns and Surgical Critical Care
Department of Surgery, University of California San Diego
 
UCSD Medical Center
200 W Arbor Drive
San Diego, CA 92103-8896
 


-----Original Message-----
From: Michael Stein M.D. [mailto:mgstein at bezeqint.net] 
Sent: Thursday, January 08, 2009 9:54 PM
To: 'Trauma & Critical Care mailing list'
Subject: RE: Calififornia ruling against Good Samaritans

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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