First Aid and Legal Action?
#1
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First Aid and Legal Action?
Long discussion at work tonight with no decisive outcome as neither of us is Australian and just keep coming back to our "home" rules from our own two countries, which may themselves be out of date!
What's the Australian position if an untrained person gives well-meaning CPR to someone and causes them an injury or makes matters worse whilst doing so?
And having discovered that there is a defibrillator in the office but no-one has been taught how to use it, what happens if one of use with no training at all uses it in good faith?
Would we be covered by some kind of corporate insurance because we are n the workplace? Could we be charged with/convicted of causing injury (or worse) to the patient - who after all has no say in what is being done to them? Say the patient died because of something one of us did or didn't do - does anyone know the legal position?
All comments gratefully recieved!
What's the Australian position if an untrained person gives well-meaning CPR to someone and causes them an injury or makes matters worse whilst doing so?
And having discovered that there is a defibrillator in the office but no-one has been taught how to use it, what happens if one of use with no training at all uses it in good faith?
Would we be covered by some kind of corporate insurance because we are n the workplace? Could we be charged with/convicted of causing injury (or worse) to the patient - who after all has no say in what is being done to them? Say the patient died because of something one of us did or didn't do - does anyone know the legal position?
All comments gratefully recieved!
Last edited by Pollyana; Feb 14th 2016 at 12:50 pm.
#2
Re: First Aid and Legal Action?
Long discussion at work tonight with no decisive outcome as neither of us is Australian and just keep coming back to our "home" rules from our own two countries, which may themselves be out of date!
What's the Australian position if an untrained person gives well-meaning CPR to someone and causes them an injury or makes matters worse whilst doing so?
And having discovered that there is a defibrillator in the office but no-one has been taught how to use it, what happens if one of use with no training at all uses it in good faith?
Would we be covered by some kind of corporate insurance because we are n the workplace? Could we be charged with/convicted of causing injury (or worse) to the patient - who after all has no say in what is being done to them? Say the patient died because of something one of us did or didn't do - does anyone know the legal position?
All comments gratefully recieved!
What's the Australian position if an untrained person gives well-meaning CPR to someone and causes them an injury or makes matters worse whilst doing so?
And having discovered that there is a defibrillator in the office but no-one has been taught how to use it, what happens if one of use with no training at all uses it in good faith?
Would we be covered by some kind of corporate insurance because we are n the workplace? Could we be charged with/convicted of causing injury (or worse) to the patient - who after all has no say in what is being done to them? Say the patient died because of something one of us did or didn't do - does anyone know the legal position?
All comments gratefully recieved!
#3
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Re: First Aid and Legal Action?
At least you had training and a certificate - we have neither! Just a first aid box and a bag that apparently contains a defibrillator
#4
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Re: First Aid and Legal Action?
Put pressure on employer to provide training !
#5
Re: First Aid and Legal Action?
Driver had passed his test that day, and wasn't wearing his seat belt, his mother was distraught, she had told him to put it on, but he said he would be OK. The mother did come to see us about a year later and asked us to show her just where it had happened, and she then stayed a couple of hours talking about him.
#6
Re: First Aid and Legal Action?
Defibs don't normally require training.
When they are opened they will talk to you about what to do and many even have a screen showing you what to do such as where to put the pads. Once the pads are on, there is little to do.
They will say things like. "Stop CPR as checking pulse". If it can't find a pulse, it will order you to stand clear of the patient while it shocks. Then will again try to find a pulse. They are very simple to use.
When they are opened they will talk to you about what to do and many even have a screen showing you what to do such as where to put the pads. Once the pads are on, there is little to do.
They will say things like. "Stop CPR as checking pulse". If it can't find a pulse, it will order you to stand clear of the patient while it shocks. Then will again try to find a pulse. They are very simple to use.
#7
Re: First Aid and Legal Action?
There is a Good Samaritan law (learnt this at First Aid training) that protects people from prosecution/being sued providing their actions were 'reasonable'.
What that means I have no idea!
https://en.wikipedia.org/wiki/Good_Samaritan_law
Qld Libs introduce 'good Samaritan' bill
What that means I have no idea!
https://en.wikipedia.org/wiki/Good_Samaritan_law
Qld Libs introduce 'good Samaritan' bill
#8
Re: First Aid and Legal Action?
CIVIL LIABILITY ACT 2003 - SECT 26 26 Protection of persons performing duties for entities to enhance public safety (1) Civil liability does not attach to a person in relation to an act done or omitted in the course of rendering first aid or other aid or assistance to a person in distress if—
(a) the first aid or other aid or assistance is given by the person while performing duties to enhance public safety for an entity prescribed under a regulation that provides services to enhance public safety; and
(b) the first aid or other aid or assistance is given in circumstances of emergency; and
(c) the act is done or omitted in good faith and without reckless disregard for the safety of the person in distress or someone else.
(2) Subsection (1) does not limit or affect the Law Reform Act 1995, part 5.
Last edited by DC10; Feb 15th 2016 at 3:13 am.
#9
Re: First Aid and Legal Action?
The 'good samaritan' protection in Qld for members of the public (as opposed to entities or medical professionals) does not seem to be as comprehensive as in some other states. It looks like there was a new section (27A) proposed for the Civil Liability Act to address this but it's unclear whether it passed into law.
#10
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Re: First Aid and Legal Action?
I'm trained in first aid as part of my Volunteer Coastguard duties. We were taught -
- A member of the public (trained or not) has no requirement to give first aid to anyone else.
- The above does not apply if you are in a role and situation where you are expected to know first aid (eg cabin crew, surf lifesaver)
- If you start giving first aid, you must continue until relieved by someone equally or better qualified or until the patient recovers (or dies I suppose).
-No member of the general public can be held accountable for the death of someone they were giving first aid to (Good Samaritan law)
HTH
BB
- A member of the public (trained or not) has no requirement to give first aid to anyone else.
- The above does not apply if you are in a role and situation where you are expected to know first aid (eg cabin crew, surf lifesaver)
- If you start giving first aid, you must continue until relieved by someone equally or better qualified or until the patient recovers (or dies I suppose).
-No member of the general public can be held accountable for the death of someone they were giving first aid to (Good Samaritan law)
HTH
BB
#11
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Re: First Aid and Legal Action?
Thanks guys, interesting reading - especially the fact that Qld,as ever, is different.....
The 'good samaritan' protection in Qld for members of the public (as opposed to entities or medical professionals) does not seem to be as comprehensive as in some other states. It looks like there was a new section (27A) proposed for the Civil Liability Act to address this but it's unclear whether it passed into law.
#12
Re: First Aid and Legal Action?
Don't know why but this thread made me think of my first year law lecturer and the story he used to tell about it being perfectly legal in English (and Australian) law to stand beside someone and watch them slowly drown in a puddle (so long as it's not a child you're responsible for, or someone you caused to be in the puddle). But once you start offering assistance you assume responsibilities.
Apparently on the Continent the law is more likely to compel you to act.
Apparently on the Continent the law is more likely to compel you to act.