Let's talk about the legal issue.
A professional instructor or DM who is confronted with a situation in which a diver is about to make a panicked ascent has to make a decision. As Andy (DevonDiver) correctly points out, the greatest danger BY FAR is embolism due to holding the breath. Go to any one of the DAN annual fatality reports and see how many of those there are each year--quite a few. Some of you have talked about a diver dying because a professional held him down. I guess it may have happened, but I haven't seen it and would like someone to give a link to it. If it does happen, it is exceedingly rare. That is why, as Andy also points out, training for both the Rescue Diver (nonprofessional) and professional training call for the person to intervene in that panicked ascent.
So, first of all, what is the approach that is more likely to prevent an injury or death? Clearly, the consensus of the scuba industry says overwhelmingly that intervening in the ascent is correct.
So, let's say you are confronted with the situation and have to decide what to do. Here are some things to think about in legal terms.
1. If You intervene in the ascent in an attempt to prevent an embolism, you are acting according to your training and the directives of all scuba agencies. There is nearly no chance that it will create a fatality, and if it did, your defense is that you did the best you could while acting in accordance with what your training said is best practice. I can't imagine you could be held liable for following your training.
2. If you instead decide to let the person continue on that panicked ascent without intervening, there is a very good chance that the person will embolize and die. In that case, don't you think an attorney will want to question why you deliberately failed to follow the standard rescue protocols for which you were trained? I suspect that you would be in real trouble.
"I once had a guy panic at about 90 feet. I didn't have any time to do anything other than watch him bolt. He ended up ok."
This is an excerpt from the latest fatality review on DAN for 2006:
"Criteria for the diagnosis of AGE include direct (finding of gas in cerebral arteries, signs of
lung barotrauma) and circumstantial evidence (report of an emergency ascent; diver losing
consciousness soon after surfacing, with or without signs of distress), evidence of a rapid
ascent (electronic dive profile), and expert opinion of DAN reviewers. There were 15 cases
(33% of known) that met the criteria as illustrated by the following case.
A male diver in his late forties was an experienced diver with basic open-water certification.
He was diving with a group on a wreck to 130 fsw (40 msw). His deepest dive previously was
to 85 fsw (26 msw). Shortly after descending the diver panicked while at 90 fsw (27 msw).
The victim’s buddy and a dive instructor held the diver back as he tried to make a rapid
ascent and they all ascended together. On the surface the victim was breathing rapidly and
lost consciousness while being pulled to the boat. Resuscitation efforts were unsuccessful.
The autopsy demonstrated intravascular gas, pleural adhesions, and changes associated
with drowning. The cause of death was drowning and the disabling injury was an air
embolism that resulted from a rapid, panicked ascent."
So the facts are that of the tens of thousands of dives in 2006, 15 can be confirmed as AGE. I am curious of these 10's of thousands of dives, how many included a rapid ascent and, of this subclass, while 15 died how many didn't.
Holding someone back or down is a pretty intrusive procedure and I have no doubt the dive community established this standard based on the opinions of very wise, experienced, well educated, knowledgeable people. These people based their opinion on some objective and scientific data. Who am I to question them? I just have this morbid curiousity to look at all of the facts.
Where is this scientific data? Who specifically established this procedure? I would just like to look at the original data. To establish this intrusive standard they must have thought the probability of sustaining AGE was pretty high. I just want to know what is the probability--90%,75%, 50%.... and where is the scientific data and theory that established this probability.