To Rescue, or not to Rescue - that is the question.

[NudeDiver]

Should you provide rescue services to a diver in distress? You think so? If you live in California, you might want to think again.

If you live in the state of California, you should drive on by, or risk being sued. A recent decision by the California Supreme Court has left would be rescuers in legal jeopardy, unless they are providing ÅÎedical help. If you pull a victim from a car after a crash, you may be providing assistance, but, according to the Court, you are not providing medical help. If the victim sustains further injury from your assistance, you are legally liable....

Van Horn sued Torti for negligence, and Torti invoked the California Ũood Samaritan Law. A Court divided 4-3 issued a very narrow interpretation of the law, restricting its protections to only to those who provide ÅÎedical help, and excluding other forms of assistance. Had Torti worsened Van HornÃÔ spinal injury by performing CPR, she would have been protected. Simply rescuing her from a badly damaged car that might have exploded and killed her was not ÅÎedical help; it was simply help....

For the time being, California citizens are faced with a serious dilemma. Should they pull people from burning buildings, jump in the water to save drowning children, or stop and render assistance to victims of auto accidents? Under the law, there is no duty to rescue, and, at the moment, there is significant legal risk.

Might want to just call 9-1-1 and let the chips fall where they may.

 

[SDiggy]

It's California, what did you expect?

 

[Teamcasa]

I'll risk it and hope that if I'm ever in touble, so will someone else.

 

[NudeDiver]

It's California, what did you expect?

Very little.

However, as the saying goes, "California sets the trends...." so look for a similar lawsuit coming to a state near you.

 

[muddiver]

Hey, this clears up the issue of possably being robbed by someone faking an accident.

 

[seaducer]

It's California, what did you expect?

I wonder, is rescuing someone in California known to cause cancer?

 

[LIVES4SHARKS]

I think this came from a case where a woman was pulled from a car, the "rescuers" did not take any precautions to protect her neck, and she was paralyzed. They saw the car smoking and thought it might catch fire. She also told the "rescuers" that she had severe neck pain and did not want to be moved. I am not sure these people had any real medical training. However, if you do, you might think twice. I have stopped at accidents before and assessed the injured party, but never moved them or told them I have medical training. I basically kept them still, took vitals, and held compression to wherever they were bleeding. Anymore, this is the country of lawsuits and everyone is looking for an easy buck. What happened to that woman, however, I think I might have sued too if I kept saying not to move me.

Carolyn:shark2:

 

[ligersandtions]

This case came from a situation where there was a car accident and a lady pulled another person out of the car because she was afraid it was going to catch on fire and explode. While being pulled out of the car (or maybe in the accident itself....it's not clear exactly how it happened), the person was paralyzed.

The victim sued the lady for the damages (paralysis). The court ruled that if the lady had offered only medical help, she would be covered under the Good Samaritan Law....but since pulling the victim out of the car did not fall under the realm of medical help, she was no longer covered.

I have to wonder what would have happened if the car had, in fact, caught on fire or exploded. In this case, the victim's life would have been saved....sure, they'd still be paralyzed, but still alive. In that case, would the victim have sued the lady for helping? If the victim did sue, how would the court have ruled?


Either way, what it boils down to is that if I were to see an accident like in this case, I would want to help....but I probably wouldn't put myself at risk to lose everything in a stupid lawsuit. I'm an empathetic person, to a fault, but having my life ruined because I saved someone else really makes me think twice.

 

[Miller64]

Being a firefghter,and I am only trained medically up First Responder,It would be hard for me not to stop and help,IF and thats a big IF,IF it's a life or death situation,or help a drowning child or if close and see someone needing help,I would have to in good conscience.I don't have a duty to act that I know of when I am off duty,but I would if I could, if my assistance would effect a live or die situation.I would hope also,someone would help my family and friends if needed.I would just have to take a chance.But in a case of a non- life threatening situation,listen to the person that is hurt,if they say dont move them,,dont..When definitive medical care arrives,leave quickly and no names

 

[ShakaZulu]

No problem if she's a hottie....otherwise, I will hide my cert