Another one for the good guys!

[KP.]

(good samaitan laws absolve libility.)

No, they don't.

Good samaritan laws apply to those not professionally engaged in rescue operations. State and local statutes sometime exist seperately to absolve those employed by the government engaged in rescue operations, but in all cases legal precident declares that there is no expectation of quality of service -- unless there is a positive act of negligence.

 

[Deaf Smith]

KP,

I doubt if gross negligence is absolved even with a good samaritan law. Texas statue supposedly covers me teaching CHL classes, but that's for simple negligence.

Deaf

 

[MA-Caver]

No, they don't.

Good samaritan laws apply to those not professionally engaged in rescue operations. State and local statutes sometime exist seperately to absolve those employed by the government engaged in rescue operations, but in all cases legal precident declares that there is no expectation of quality of service -- unless there is a positive act of negligence.

To my understanding of the Good Samaritan law is that because of my training in First Responder and First Aid that if I come across the scene of an accident I HAVE to stop and help until EMS arrives... the loophole is that they have to prove I was there at the scene and if they do they have to WANT to press charges against me... for not helping when I could/should've.

 

[KP.]

To my understanding of the Good Samaritan law is that because of my training in First Responder and First Aid that if I come across the scene of an accident I HAVE to stop and help until EMS arrives... the loophole is that they have to prove I was there at the scene and if they do they have to WANT to press charges against me... for not helping when I could/should've.

Yes, but you are also absolved from any legal liabilities unless you do something beyond your training.

For guys who are EMT's, or other professional rescue workers, good samaritan laws do not apply to them. Such laws apply to lay people who happen upon the scene.

Gross negligance is not covered by good samaritan laws, if you attempt to exceed your training or engage in reckless endangering behavior, you are no longer covered. (at least in most states).

If you're training level is to 'first responder' and you decide to give someone a trach, you're getting sued, and you're losing. Attempting procedures beyond your training is grossly negligent.