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

[DiverLS]

Now I know why we have a lot of refugees from California in Nevada :doh2:

 

[rstofer]

This reminds me of the girl who watched her sisters get pitchforked by an intruder. Yes you read that right and this is a true story. She got out of the house and ran to the neighbors for help. When she got there, she asked if he had a gun and told him what had happened. His response, If I go and shoot the intruder I will get in trouble. He didn't help. Guess where this happened, CALIFORNIA. Oh theres a suprise.

One can assume the crime was over. That is, the neighbor wouldn't be able to stop further harm. In that case, call the police and let them deal with it. Oh, wait, that's exactly what they did! There is no mention of a gun re: the neighbor. Could have happened, maybe not. Who knows?

Man in Pitchfork Slayings Identified - Los Angeles Times

This is another place the untrained should avoid. Get within about 30' of the bad guy and you probably can't draw a weapon fast enough to save yourself (if it is holstered). What happens if you enter the house and the weapon is taken away by any of a number of methods? Just how good are you at clearing a house? Got training? Now, you're inside with a maniacal intruder and no weapon; another potential victim. Unless you are an expert, this is a good example of a situation to avoid. And what happens if the person holding the pitchfork is the other neighbor. He picked it up off the floor (in a trance). The lighting is poor, the situation is tense and you shoot and kill him? The real bad guy slipped out the back and you're going to jail.

Richard

 

[Thalassamania]

Our problem is that the Supreme Court is now in the business of creating laws where none existed before. This judicial activism has to stop! Nobody on the SC was elected; they do NOT represent the will of the people.

Maybe not a few years ago, but they likely do today. One man's judicial activism is another's justice ... you'd best get used to it.

But I wouldn't be surprised that a 'fine print' reading of the Good Samaritan laws of other states would show them similarly worded. The problem with this decision is that the SC ADDED words to the section that were never there in the first place. The majority, in their meager wisdom, decided that their interpretation is what the legislature really meant even when it was clear that it wasn't what the legislature wrote.

And you, in your infinite wisdom, have decided that you know better ... bully for you.

Between the US 9th Circuit Court Of Appeals and the CSC, this state is in a shambles. I assume everyone knows that the 9th CCA is the most overturned court in the country! Unbelievable...

Richard

The CSC and the 9th CCA are hardly to blame for the State's problems. I'd point more to the elected officials. What you say about the 9th CCA in terms of being overturned is correct. But those who like decisions of the 9th CCA would point out that that's not because the 9th CCA was, wrong, just that they where out of phase with the USSC after it had been packed with right wing judical activists who mascarade as strict constructionists. Is their view any less inciteful than yours?

Meanings change, think about the Gay '90s, in 1890 that was quite different than in 1990. Someone has to decide what original intent was.

 

[mongodives]

In my life I've performed CPR on several people, recovered several near drowning victims, and even plugged a few leaks in people. I've never been sued, but I was trained before the events and as I mentioned in a previous post, I think about the What if's and what I'm prepared to do if that what if happens.
I also tend to agree with several of the other posts that if a life is saved the chances are even if you didn't do it perfectly the victim is going to be happy to be alive.

 

[rstofer]

And you, in your infinite wisdom, have decided that you know better ... bully for you.

Actually, not just me. It was the opinion of those in the dissent. They're the ones complaining about the majority rewording the statute. Yes, I agree with them but neither of us cares about the other.

Richard

 

[princessaprilia]

Being Canadian, I don't have to worry about lawsuits to much. So yes, I would lend a helping hand.

Yeah, I think we're covered under the Dudley-Do-Right law.

 

[Miller64]

I had to go back and research to make sure, make sure nothing has changed.In the state of Tennessee,I do not have a duty to act,when off duty.I am not licensed,just CPR certified.Talking to the paramedics and medical director,neither are they required to act off duty.They do not have the equipment with them to perform up to their training,as they do on duty where they do have the duty to act.I am covered by the good sam act,EMT,,EMT-Ps are not.But,,back to the ethical,moral part..I would help if I could...

 

[Deep-Thief]

One can assume the crime was over. That is, the neighbor wouldn't be able to stop further harm. In that case, call the police and let them deal with it. Oh, wait, that's exactly what they did! There is no mention of a gun re: the neighbor. Could have happened, maybe not. Who knows?

Man in Pitchfork Slayings Identified - Los Angeles Times

This is another place the untrained should avoid. Get within about 30' of the bad guy and you probably can't draw a weapon fast enough to save yourself (if it is holstered). What happens if you enter the house and the weapon is taken away by any of a number of methods? Just how good are you at clearing a house? Got training? Now, you're inside with a maniacal intruder and no weapon; another potential victim. Unless you are an expert, this is a good example of a situation to avoid. And what happens if the person holding the pitchfork is the other neighbor. He picked it up off the floor (in a trance). The lighting is poor, the situation is tense and you shoot and kill him? The real bad guy slipped out the back and you're going to jail.

Richard

This link to youtube is what I saw. I will WARN any that listen to it. It does get graphic. This is the account of what happened that day as told by the grandmother of the girls. This is where it tells how the girl went to a neighbor and he said he couldn't help. Is it true, I can't tell you, I wasn't there. I just know what I heard and this is it. This is the first part of a two part video. The other part shows up after the first is over.

YouTube - Mary Carpenter In Her Own Words Pt 1

As for weather or not I would have killed the bastard, Yes I would have gone in the house and no I would not have to draw my gun because it would already be out. Am I trained in how to clear a house, NO. Would I have tried anyway, you bet. Just the way I would have handled it. I have children and couldn't imagine if that would have happened to me. I couldn't imagine even more, telling a kid, No I can't help you, screw your brothers and sisters, I might get in trouble. Mark

 

[Deep-Thief]

I had to go back and research to make sure, make sure nothing has changed.In the state of Tennessee,I do not have a duty to act,when off duty.I am not licensed,just CPR certified.Talking to the paramedics and medical director,neither are they required to act off duty.They do not have the equipment with them to perform up to their training,as they do on duty where they do have the duty to act.I am covered by the good sam act,EMT,,EMT-Ps are not.But,,back to the ethical,moral part..I would help if I could...

All I am saying is that anyone medically trained, has an ethical duty to act. That is part of getting that training. Weather you have your equipment or not, it doesn't matter. You still have an ethical duty to act. Now what you can do with limited equipment is taken into account. If something should happen, you would be held to the standard that anyone else trained to your level, with your available equipment would be held to. Basically, were you negligent in your care or did you preform to the best of your training. Best of your training, you are good to go. Not up to par, your are negligent and can be held liable.

Also, as soon as someone else with more training than yourself shows up, They are now the responsible one. It gets passed up the chain to the highest trained.

Layman
First Responder(This would be the medically trained, Nationally Registered kind)
EMT
Paramedic
Nurse
MD
This is what we were taught in our FR class here in KY. I am not saying it is right or applies to everyone everywhere.

 

[DennisS]

When I took my EMT class we were taught to ask, do you want me to help you, can I help you, here's what I want to do-is it OK, if they were conscious. If they said no, we weren't allowed to touch them.

We were told we were not required to stop and assist unless we had a decal or symbol that identified us as EMTs on our car.

If you pull someone out of a burning car, do you have to put a band-aid on them or risk being sued.