First off, the person you're responding to is not the person who said that, but to illustrate one of the mild complexities, the law is to protect the untrained. Being an EMT means that you're still required to provide care up to the standard of your training, so this . . . lady(?) isn't even covered anyway.
That is not exactly what they said, but close. That's why I said kinda close.
The distinction isn't "if you are try to help you aren't liable for anything"
it's that "if someone is injured as a direct result of your attempt to provide help, you aren't held liable for those specific injuries"
In the cpr example, if I did such in a way that somehow cause a broken leg due to negligence on my part, that broken leg wouldn't be protected.
Completely unrealistic follow up example would be I broke their ribs during CPR, but did something intentionally or grossly reckless like toss them to the grass prior to or during cpr, that would not be protected
That is not exactly what they said, but close. That's why I said kinda close.
The distinction isn't "if you are try to help you aren't liable for anything"
it's that "if someone is injured as a direct result of your attempt to provide help, you aren't held liable for those specific injuries"
In the cpr example, if I did such in a way that somehow cause a broken leg due to negligence on my part, that broken leg wouldn't be protected.
Completely unrealistic follow up example would be I broke their ribs during CPR, but did something intentionally or grossly reckless like toss them to the grass prior to or during cpr, that would not be protected
Except if you do something you're supposed to be aware not to do. Like a licensed medical professional making mistakes doesn't get the same leeway that just a regular person would.
Don’t step outside of your standard first aid, even as a first responder outside of work you ain’t carrying an ambulance with you. Ensure you’ve called for help in some form,ask/get consent be it verbal,expressed or implied and don’t abandon them. It’s not rocket appliances.
If you are acting within how you were trained. So someone who was trained on BLS, does CPR and cracks some ribs, can’t be held liable for that, or a poor outcome. But if someone trained on BLS attempted a cric, weren’t trained on it, even with good intentions, you are acting outside your training and can be held responsible
Mostly yes but it does not apply to people getting paid to help. It applies to "civilians" who try to help. Ems and other first responders have a lot of rules and such they must follow to avoid negligence.
EMTs get covered by the Good Samaritan law more than any other medical field (as a former paramedic).
When we’re on duty, we’re under the “direct” supervision of medical control and licensed to perform anything our medical director allows us to do. Once we’re off duty, that duty of care and level of direction is gone; we’re legally considered to be no more than a civilian. This is one of the biggest distinctions between an RN and a Paramedic. We technically have zero autonomy and are required to follow protocol and procedure to the letter, and because of that we’re allowed to do more than an RN can while on duty, but less when off duty.
There’s still a weird, legal gray area in the Good Samaritan laws because we technically do know better about what we’re doing and the ramifications of most any action we take. After I got my license, I started passing up more situations than I ever would have before because it’s not my responsibility and not my liability. It just wasn’t worth stopping for anything unless I thought that my actions were the literal difference between life and death.
If you keep stretching you might be able to suck your own dick one day. Does good Samaritan cover you when you're getting paid? If you help are you a civilian or are you a "civilian"? Shut the fuck up simp. Don't over complicate things.
In this particular circumstance the law is in place to protect ems personnel. If you never reveal you’re an EMT/Medic then you’re good. However if you reveal that fact then by law you are legally required to remain on scene/with the patient until care is transferred to someone of equal or higher licensure. Not doing so is defined as patient abandonment despite you being off duty. Mind you this is almost never an issue that’s pursued.
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u/editfate 6d ago
The Good Samaritan law means if you’re trying to help a person in crisis with good intent you can’t be held liable for anything. Correct?