Adelaide fatality - Australia

[bergersau]

There is I believe, "Good Samaritan" legislation in Victoria at least. Providing that someone who attempts to render assistance in a medical emergency is protected from being sued if they are acting in good faith and are not grossly negligent within the limits of whatever formal training they possess.

It is designed to encourage people not to just look on whilst a person dies for fear of being sued for trying to render assistance.

But generally, you can be sued in Australia for negligence just as in the U.S.

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[2cold4california]

There is I believe, "Good Samaritan" legislation in Victoria at least. Providing that someone who attempts to render assistance in a medical emergency is protected from being sued if they are acting in good faith and are not grossly negligent within the limits of whatever formal training they possess.

It is designed to encourage people not to just look on whilst a person dies for fear of being sued for trying to render assistance.

But generally, you can be sued in Australia for negligence just as in the U.S.

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There are Good Samaritan laws in the US too, but they are different for each state. CA is protected but some states aren't.

You have to also consider that it's actually very dangerous to physically assist a diver who is combative. They will pull your reg out, mask off, kick and hit. It's not fun and even though CA has Good Samaritan laws, I personally will not mess with a combative diver.

 

[bowlofpetunias]

Just ask Gabe Watson what happened to him for not bringing Tina to the surface.

A panicking diver my not be able to ask for help in their panic or understand whatever signal you give in your effort to ask them if they want your help.

Asking for permission to help on land is a heck of a lot easier. Here the law says that a competent adult can decline treatment even if it would save their life. The kicker is how do you determine if they are competent to make that decision? It goes on to say that there is something called assumed consent when a person is incapable of giving consent. Often that means unconscious sometimes it means the person is not competent to determine their need. in those cases you can treat without consent provided that treatment is reasonable according to your training and experience.

Wow 2cold4california you must be jinxed, dive some pretty crazy conditions or with some questionable divers to have experienced that many rescue situations already. I think I will keep my distance I don't want your bad luck to rub off on me I've only had to be involved in 2 real rescues diving (touch wood). I have seen a fair bit of human reactions in my career as a Paramedic tho. Enough to know that even the best can freeze, freak or mess up in spite of previous experience.

I have also done a fair bit of work with the media. I have been astounded at the way they have misquoted, misinterpreted and downright misinformed. More than anything that is the problem I have with this..accepting their words that imply she was dragged to the surface potentially against her will:doh:

At least they didn't mention shark infested waters or the oxygen in her tank!

 

[Peter69_56]

Its sad that I, as a Level 2 First Aider can walk past a person in need and be free from legal action, yet if I stop and offer first aid, now I am exposed to potential legal action, and if I then walk away I am then very exposed to legal action.

Technical law as compared to humanitarian law.

---------- Post added October 13th, 2014 at 12:12 AM ----------

At least they didn't mention shark infested waters or the oxygen in her tank!

Not yet they haven't, however if they can manipulate the facts enough perhaps there is a good story in the making. After all, never let the truth get in the way of a good story.

 

[bowlofpetunias]

What is crazier is that if you drove a biro into someone's throat who was choking because you saw it on tv you would be in the world of trouble. If someone with absolutely no training did it.. they probably have a good chance to get off because they didn't know any better and according to their knowledge it was the right thing to do. :doh:

 

[Peter69_56]

What is crazier is that if you drove a biro into someone's throat who was choking because you saw it on tv you would be in the world of trouble. If someone with absolutely no training did it.. they probably have a good chance to get off because they didn't know any better and according to their knowledge it was the right thing to do. :doh:

Exactly right, technically correct but morally wrong.

 

[bowlofpetunias]

Have you dived the Adelaide yet? We haven't managed to get there yet.

 

[Peter69_56]

Have you dived the Adelaide yet? We haven't managed to get there yet.

No its on the list of dives to do.

Currently in Thailand just completed 2 weeks diving and now doing a Dive Technician course before home to cold Melbourne

 

[Jim Lapenta]

There are Good Samaritan laws in the US too, but they are different for each state. CA is protected but some states aren't.

You have to also consider that it's actually very dangerous to physically assist a diver who is combative. They will pull your reg out, mask off, kick and hit. It's not fun and even though CA has Good Samaritan laws, I personally will not mess with a combative diver.

Never learned how to get control of one then, huh? They will do that stuff if you give them the chance to. It's about the right approach and technique. Not that hard. Especially under water. Surface is a little more tricky but not that hard or dangerous for someone properly trained. I've trained 12 yr olds how to assist much bigger divers and know they could. It's an OW skill in SEI and NAUI classes. And it's part of every agency's rescue class.

 

[DandyDon]

Getting behind a diver so as to gain safe control is easy enough. Knowing if it's the right action or not is a judgement call. Do your best with your best judgement, then good luck in the online forums, courts, stress, etc. Sad that so many are criticized and even attacked for doing their best.