Legal and Ethical Considerations

• DUTY TO ACT

  No one is required to render first aid under normal circumstances. Even a physician could ignore a stranger suffering a heart attack if he chose to do so.

  Exceptions include situations where a person's employment designates the rendering of first aid as a part of described job duties. Examples include lifeguards, law enforcement officers, park rangers and safety officers in industry.

  A duty to provide first aid also exists where an individual has presumed responsibility for another person's safety, as in the case of a parent-child or driver-passenger relationship.

  While in most cases there is no legal responsibility to provide first aid care to another person, there is a very clear responsibility to continue care once you start. You cannot start first aid and then stop unless the victim no longer needs your attention, other first aiders take over the responsibility from you or you are physically unable to continue care.

• NEED FOR CONSENT

  In every instance where first aid is to be provided, the victim's consent is required. It should be obtained from every conscious, mentally-competent adult. The consent may be either oral or written.

  Permission to render first aid to an unconscious victim is implied and a first aider should not hesitate to treat an unconscious victim.

  Consent of a parent or guardian is required to treat a child, however emergency first aid necessary to maintain life may be provided without such consent.

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  IT IS IMPORTANT TO REMEMBER THAT A VICTIM HAS THE RIGHT
  TO REFUSE FIRST AID CARE AND IN THESE INSTANCES YOU MUST
  RESPECT THE VICTIM'S DECISION. YOU CANNOT FORCE CARE
  ON A PERSON WHO DOES NOT WANT IT ... REGARDLESS
  OF THEIR CONDITION!

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• LEGAL CONCERNS

  Some well-meaning people hesitate to provide first aid because they are concerned about being sued.

  This need not be a concern!

  Legislators in almost every state in the country have passed GOOD SAMARITAN LAWS which are intended to protect good people who offer first aid help to others.

  Most of the Good Samaritan Acts are very similar in their content and usually provide two basic requirements which must be met in order for the first aider to be protected by their provisions:

• The first aider must not deliberately cause harm to the victim.

• The first aider must provide the level & type of care expected of a reasonable person with the same amount of training & in similiar circumstances.

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  THERE SHOULD BE LITTLE, IF ANY, CONCERN ABOUT LEGAL CONSEQUENCES INHERENT IN PROVIDING FIRST AID.

  YOU NEED ONLY HAVE THE VICTIM'S CONSENT AND THEN OFFER THE LEVEL OF CARE FOR WHICH YOU ARE QUALIFIED.

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