Good samaritan law

[Uncle Matt]

Did anyone else here catch the story about the Good samaritan law being challenged in California?

From what I understand, in 2004 a car load of coworkers went out and got into an accident. One coworker pulled another from the vehicle and now is completely paralyzed. That worker is now suing her coworker for helping her because he was not a professional rescuer and that her life was not in danger. California courts pondered the case and have allowed it to go forward.

They spoke to peole on the street and the general consensus is either one has to sit back and possible watch someone die or they can risk saving them or attempting to save them and in the mean time possibly be sued and loose everything.

This is fubar.

[MAC]

That is a load of crap.

[spence]

Sounds like the pollution of an ambulance chaser. This will go no where...

-spence

[FishermanTim]

All the "good samaritan" has to claim is that he/she thought the vehicle might explode. That should ne reason enough, but in our lovely twisted legal system the injured person may hire a money-hungry lawyer looking for a quick score on a personal injury case.

Any judge worth his weight in salt will see this as a case of the injured party wanting someone else to pay for their lack of judgement.

If it were a carload of coworkers heading out for a night of partying after work, I'm surprised the lawyer hasn't dragged their company into this as well.

[JohnnyD]

The Good Samaritan law protects the layperson from litigation if they act in what they believe is the best interest of the injured person. While there might be a case depending on the specific circumstances, I be willing to doubt they woman will get far in her case. It will be dependent on the specifics of the wording in CA's law.

Yes, it's a terrible thing what happened to her, but if her co-worker can somewhat prove that he thought it was in her best interest (the car with in the middle of the street, gas was leaking from the car) it should be a pretty easy, although expensive, case.

On the other hand, I'm a trained EMT and it's because of situations like this that if I ever do pull up on an accident I do not tell anyone I'm an EMT. In Massachusetts, the legislature tried to plug holes and prevent cases like this woman is bringing in CA. In doing so, they specifically excluded people with *any* medical training.

Unless it's a friend/family member or the person has possible fatal injuries, I'm not touching them.

[Swimmer]

Originally Posted by JohnnyD

The Good Samaritan law protects the layperson from litigation if they act in what they believe is the best interest of the injured person. While there might be a case depending on the specific circumstances, I be willing to doubt they woman will get far in her case. It will be dependent on the specifics of the wording in CA's law.

Yes, it's a terrible thing what happened to her, but if her co-worker can somewhat prove that he thought it was in her best interest (the car with in the middle of the street, gas was leaking from the car) it should be a pretty easy, although expensive, case.

On the other hand, I'm a trained EMT and it's because of situations like this that if I ever do pull up on an accident I do not tell anyone I'm an EMT. In Massachusetts, the legislature tried to plug holes and prevent cases like this woman is bringing in CA. In doing so, they specifically excluded people with *any* medical training.

Unless it's a friend/family member or the person has possible fatal injuries, I'm not touching them.

In Massachusetts we have a good samaritan law because of a person who smashed up thier VW one night on route 3 by the Braintree split, if I remember correctly. Car was on FIRE, door was locked, rescuer other wise known as the good samaritan smashed in, punched out, the driver's window, cutting the person's face inside who certainly would have perished from smoke inhalation if nothing else. Cut person sued and the legislature was aghast. They passed a law retroactive to this VW crash protecting this particular rescuer.

First upon a crash, activate EMS, make the call, calls the cops, fire, and if you don't know where you are bang on someones door until they call the cops, Its the most important thing anyone can do, activate EMS.

That being said I would go by what JohnnyD said, don't tell em who you are, and don't move anybody unless you can say the car is going to blow up with a certainty. If anything open an airway if necessary on an unconcious person while holding that persons neck as motionless as possible. And don't move them from the vehicle.

Any attorney worth his salt can make anyone look foolish on the stand after the fact. Remember it only takes 51% LEVEL OF PROOF BY A PLAINTIFF TO WIN THIER CASE. 51% is one frieking scintilla more evidence against than it is for you.

[JohnnyD]

Originally Posted by Swimmer

In Massachusetts we have a good samaritan law because of a person who smashed up thier VW one night on route 3 by the Braintree split, if I remember correctly. Car was on FIRE, door was locked, rescuer other wise known as the good samaritan smashed in, punched out, the driver's window, cutting the person's face inside who certainly would have perished from smoke inhalation if nothing else. Cut person sued and the legislature was aghast. They passed a law retroactive to this VW crash protecting this particular rescuer.

That's exactly why we had the initial law, I remember studying it, but there were still some holes in it that were allowing people to sue good-intentioned people. But, when they updated the law, the wording had the result of the MA legislature unintentionally excluding just about any person with medical training.

Now, I know the state has been trying to resolve that and has been working with the State OEMS department to fix this hole. I found out about the change when I went for my last re-cert. It may already be fixed.

As a quick side story, I was having lunch. The waitress recognized me and knew I was an EMT. She came over and told me a man was choking in the other room. I did what I could until the medics arrived, and once they did, I paid my bill and left. Didn't go back there again. Found out months later that the family tried to sue the restaurant. I have no doubt I would have been made involved too if they knew my name or how to contact me.

One thing I learned way back in EMT school. There are two kinds of EMTs, ones that have been sued and ones that haven't been working long enough yet.