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The Good Samaritan law protects individuals who provide medical assistance during medical emergencies like drug overdoses and cardiac arrest. This law is generated to protect those who are not medically trained and, undertaking that no medical personnel is available, these individuals step in to help.
No. Most states protect people who perform CPR or use an AED in good faith. However, protection isn’t absolute. Liability can arise for gross negligence, ignoring a valid Do-Not-Resuscitate order (DNR), or performing CPR on someone who clearly refused help. Good Samaritan laws exist to protect people from lawsuits when they help others in need, and these laws typically extend to CPR. The Good Samaritan law states that as long as the actions or medical care taken are reasonable assistance and sensible for the given situation, and there is no expectation of compensation, the individual is not legally held responsible for any injury or death caused. This law allows people to help others without fearing charges if something goes wrong.
In 2013, the incident in Bakersfield, California, where an 87-year-old woman lost her life due to the refusal of a nurse to administer CPR to the victim women. The nurse did so because she followed the protocol of the nursing home facility she was employed in. Unfortunately, the 87-year-old woman lost her pulse before the emergency medical services provider arrived and was declared dead after being taken to a local hospital. The dispatcher of the emergency response team filed a lawsuit against the nurse. This news spread like wildfire in the media and was an eye-opener for lawmakers and its enforcement agencies in California. This also raised several questions, such as the consequences of not helping in emergencies. Or what if you fail while helping?
Well, this varies from state to state and country to country. In the U.S., civilians have immunity for any damage caused while performing CPR or using an AED until they are found negligent under the 2000 Federal Cardiac Arrest Survival Act of Congress. The Cardiac Arrest Survival Act of 2000 (Public Law 106-505) provides federal Good Samaritan immunity for people and organizations that use or acquire AEDs in emergencies, encouraging wider AED availability across the U.S.
In Minnesota, not giving emergency care is an offensive act of misdemeanor, while in Vermont, you could receive a penalty of $ 100 in this case. A group of states, including California and Nevada, has amended their Good Samaritan Law, according to the law, its duty to help in emergencies. It is considered a criminal offense if you don't help in situations of crisis in Europe and several other countries.
There is usually an exception for those in the profession, such as medical professionals, health care providers, firefighters, law enforcement officers, and others with legal duties. People who fall under this category are often required to provide first aid or CPR to people in the vicinity who need it, or to stop on highways and in other areas where there has been an accident to see if someone might need help.
In most U.S. states, there is no legal duty to help a stranger in distress. However, Minnesota, Rhode Island, and Vermont require bystanders to provide reasonable assistance and may impose small penalties for failing to act.
The best way to protect yourself from civil liability when helping others is to always act in the victim's best interests. If your motivation is to be a hero and not simply to help a fellow human, you risk making mistakes not covered by good Samaritan laws. To stay out of court, it's best if you enroll in a CPR and first aid classes and make sure to follow the training. Don't do anything outside of your scope of training. Get professional help for the victim as soon as possible. Do not accept gifts, compensation, or rewards for your help.
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Under the doctrine of implied consent, if a person is unresponsive or incapacitated, the law assumes they would want lifesaving help like CPR. If the person is conscious and refuses, their decision must be respected unless they lose capacity.
American Health Association's statistics show that if a bystander provides CPR to a person who is a victim of a sudden cardiac arrest, this almost doubles the chance of a patient's survival, but only 32% of people are fortunate who receive emergency cardiac care from a bystander. Department of Public Health San Francisco conducted surveys to list reasons hindering bystanders from performing CPR.
The director of Emergency Medical Service San Francisco, Mr. John Brown, revealed that people are concerned about personal safety; he said:" They're worried the person is faking it—maybe they'll get mugged … or that they're going to hurt themselves bending over".
Mr. Brown further added that people fear they could hurt the patient while administering CPR. In addition, some are scared of catching diseases from the patient; some are also scared of getting sued for this; he said," There is no legal obligation for a bystander to help an injured person. They can just walk by; it's up to that individual."
So what is required is to educate people that chest-only compressions can save a precious life and be risk-free, and no legal obligations are involved.
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In summary, you are unlikely to face legal trouble for performing CPR or using an AED in good faith. Still, laws differ by state, and rare exceptions apply. Always call 911 and act within your training.
Disclaimer: This article is for general informational purposes only and does not constitute legal advic
