CPR Debate, Curious on Your Thoughts...

[AnnShh]

My mom and I recentely got into a debate with my brother. Her and I are both CPR/AED/First Aid certified, and my brother is going through his certification.

Something that two different instructors told my mom and I was to be careful of who you give CPR to, because they could fairly easily come back and sue you.

I've never had to give CPR, thankfully, and quite honestly, I don't know that I would risk being sued in the event that I gave CPR and something happened. In today's society, people are so sue happy that it really wouldn't surprise me for someone to come back with a lawsuit. Obviously being sued doesn't mean that the person hearing the case will rule in favor of the person suing, but crazier things have happened, so it's possible. Would you think differently between family/friends and strangers?

Your thoughts? I would hope that I'm never in a situation where I'd have to use CPR, but you never know. I'm just curious to see where other people stand on this.

 

[alli713]

There's such a thing as a Good Samaritan Law, and although I believe it differs state to state, it's there to protect you in such a case as though you needed to help save someone's life.
If someone goes unconscious and you have CPR training, there's implied consent that you have the okay to start CPR on them.

I'm not sure why instructors would tell you to be careful because someone might sue you. I know when I took a CPR class we talked about this and the Good Samaritan Law was brought up. I do believe however that this law only would protect someone who was trained in CPR. For instance if you were sued and brought to court, they would ask you questions about the process of CPR to prove that you knew what you were doing and to make sure you were certified. So if you aren't certified and gave CPR and the person died, you could be sued and technically they could try and hold you liable for Wrongful Death (if something happened during CPR like breaking the zyphoid process, puncturing the heart)

That's the way I interpreted it anyways.

 

[Mander]

I have several Years of Paramedic training and have and would stop and help anyone at anytime if I know them or not. I would want someone to do the same for me if I was in that situation.

 

[Jenn]

With the Good Samaritan Law, I was under the belief that you are "required" to assist in whatever manner you can or you can be held liable. I don't think I would ever hesitate to jump in and help someone in trouble. I would certainly hope that person would appreciate my efforts and not come back to sue me. I can't see how his/her suit would go very far, though, unless my act of kindness did more harm than good...

 

[Mander]

Im not worried about being sued over it. People in Canada don't really sue people like they do in the US.

 

[Silverrose]

I recently just finished my CPR/First aid certification and this topic also came up. Which is part of why during training, you are required to follow a specific procedure of introducing yourself to the victim and asking if they need help. If they say no, then all you can do is step back and call for help/911. If the person says yes, or is unconscious, then you do your best to help them with your knowledge and training. If you are certified and it is current, then you should have no worry in helping the person if anything goes wrong. There is a good samaritan law that you are protected under.

 

[Melissa]

I am Health Care Responder Certified and I honestly dont know if I *would* use it on some random person. Not for the fact of being sued though. I wont put my mouth on some random person. I dont carry a mask around to give CPR. I know they are focusing on new ways to give cpr with out putting your mouth on someone. (They are learning that chest compressions actually breaths for you) But until that is the standard everywhere.. so if someone sees me do it and they say oh she did it wrong because she didnt breath for them(and then sue).. I wont be doing it on random people. I very cautious with my partners and personal life I dont need to end up with some disease.

SO for right now.. Family and CLOSE friends(with no germies) is my vote.

 

[Snickers]

I took CPR a long time ago. I know once you start you can't stop until emergency help comes. Pretty sad that someone would sue someone over CPR.

 

[FiaSpice]

Im not worried about being sued over it. People in Canada don't really sue people like they do in the US.

I even think we have a law that, for example, if you broke some rib to the person you give CPR, they can't sue you at all. You can get in more trouble not giving CPR (if you know how), it's called "non-assistence at an endangered person" (don't know if my translation is good).

so, yes, if I could remember my CPR, I would do it for enyone.

 

[kaykay]

I'm also First Aid and CPR certified, fairly recent in fact. You are supposed to talk to the patient and tell them you are certified (if you are) and ask them if you can help them. If they do say no, then you can not administer any first aid. However, you can at least make sure the scene is safe if nothing else and call 911. If they are unconscious or unable to speak, it is to be assumed they want your help.

Side note: it has be proven many times over you can not contract any disease from administering CPR, if you'd rather, you can carry around the CPR mask. They make them really small and easy to carry around.

I carry First Aid kits always in my vehicle and in my home. And being in the Medical field, I feel it's my duty in society to aid in any way I can when there's an emergency situation. I would want someone to do the same for me...

 

[Cinder and Me]

There's such a thing as a Good Samaritan Law, and although I believe it differs state to state, it's there to protect you in such a case as though you needed to help save someone's life.
If someone goes unconscious and you have CPR training, there's implied consent that you have the okay to start CPR on them.

Yup, this is true. I was a lifeguard for quite some time (and also on a competitive team called the Olympic Lifeguards and traveled around the nation). We were taught the same thing as Alli stated, and to this day I still carry my "breath easy mask" with me in my car. I do have a fear of doing CPR (mouth to mouth) on strangers b/c of disease, so I have my mask with me.

 

[mapache315]

If the need CPR, they aren't going to be able to tell you if they want to be administered CPR or not.

I would do it to anyone regardless. They're already DEAD. If they come back and want to sue you for keeping oxygen in your blood and your blood moving because you broke their rib by accident, then they are just rude. If their family wants to sue you because their loved one was dead, and they stayed dead, then they need to stop feeling guilty.

Both my parents lost siblings when they were very young, one because of drowning and one was hit by a car. Because of this, I think everyone in my family has been "programmed" to help anyone with any kind of first aid if they see an accident. No one was there when my aunt drowned, but I don't know many people who would see a child like that and not want to do something.

The other thing too is that you "just do it". If you see someone choking you aren't just going to sit there and think about whether or not you should do something. If you see someone you know, or don't know, that just drops dead, if you know CPR then I think most people in that situation would do it, almost on auto pilot.

 

[Sheri]

I don't know about anywhere else but in WA State. Here if you are trained and DON'T help. DOn't let anyone know your trained. We do have a good sam. Law. We also have a law that state you can be held responsible if you are aid trained and do not offer assistance. My Brother was a paramedic for 20 + year (now retired). If he stops by a wreck or a heart attack and does not render assistance he can be held responsible if that person dies. Catch 22. Law holds you responsible or family.

WHat would scare me is if the person has a DNR (Do Not Resusitate) order in place. Look for a medallion on a braclet or chain.

 

[Jeanette]

So sue me!

I wouldn't want to live with myself knowing that I just stood around and LET someone die! We aren't animals... sheesh. I can't believe that someone would sue another person who tried to save their life. Those people are just sick!! There was ONE case like that in Canada. It's very rare here to get sued for something like that. Plus, in Canada, the looser has to pay their court costs and the winner's. So that cuts down on frivolous lawsuits.

Oh, and you CAN get things like herpes from putting your face on another person's face who has herpes (on their face).

 

[Melissa]

I don't know about anywhere else but in WA State. Here if you are trained and DON'T help. DOn't let anyone know your trained. We do have a good sam. Law. We also have a law that state you can be held responsible if you are aid trained and do not offer assistance. My Brother was a paramedic for 20 + year (now retired). If he stops by a wreck or a heart attack and does not render assistance he can be held responsible if that person dies. Catch 22. Law holds you responsible or family.

WHat would scare me is if the person has a DNR (Do Not Resusitate) order in place. Look for a medallion on a braclet or chain.

For your brother... If he is in street clothes no one knows he is a paramedic.. They can't get you in trouble if they don't know.

My dad is a paramedic and his department asked him to put stuff on his vehicle to show he is a medic and he refused. First of all what if someone else was driving his car at the time. And second what if he saw an emergency on the way to a family emergency or if someone in the car was having and emergency. You aren't going to stop to help someone else if you have an emergency of your own to take care of.

Oh and how you get around the "rule" of not performing first aid or cpr or anything of that nature is say that you just had a beer. Can legally perform any help while under the influence.

One the firefighterd that works with dad hates overtime so when they call him in he goes the the fridge and sips a beer and calls them back and says he can't work because he just started drinking. And YES he does it at 7am to avoid o.t.

 

[Sheri]

For your brother... If he is in street clothes no one knows he is a paramedic.. They can't get you in trouble if they don't know.


That might work someplace, like if he was still in Casper. BUT...we live in an area that we grew up in. 4 towns within 15 miles. Population of the 4 towns combined is less than 20,000 people. Our whole county population would fit one city the size of Spokane WA. Everyone here knows everyone. Most know me better than I wish they ever did.:wacko:

 

[Chinniechantel]

Most states don't have a good samaritan law, and even if they do, you still can get sued if you act negligently- which is not all that hard to do in emergency situations. I got SO annoyed reading the cases in law school about this- if someone pulled me from a burning car, and I was paralyzed because of the way they pulled me out, I would be grateful that I am alive. Not in this case, they sued and won millions. It makes you scared to help, which is just so very sad. I don't think I could sit and watch something horrible happening and not do anything. Guilt is worse than being sued, IMO.

 

[AnimalsR4Me]

I have to agree with Chinnie...However, it is this way in a lot of nursing homes as well. There are VERY strict rules on when and where a certified person can preform CPR. I've been in the position to stop and help someone immediately after an accident. A car ran off the road right infront of me, crossing my lane, and into the ditch, and hit a tree. I can assure you, the LAST thing that was on my mind when I was running through 5 feet of snow to go see if they were okay and to assist them out of the car was whether or not they were going to sue me. Fortunately, they were okay, but in the process of helping them out, the gentleman tripped, and fell, landing on his arm incorrectly, breaking it. Even at that moment, I wasn't concerned about getting sued. I was concerned about getting him up the hill, and out of the snow, and into my warm toasty car while waiting for the police and paramedics to arrive. The couple was an elderly couple, and I know how quickly their temperatures can drop, so their safety and health was at the top of my mind. Had they been hurt, or needed CPR, I am certified and would have immediately began administering it, without thought of being sued. When you're in that position of whether or not you're going to help a person, and potentially save their lives, the majority of people are going to assist to the best of their ability. If I get cooties from someone during the process of my saving their life, I'm okay with that.

 

[alli713]

Most states don't have a good samaritan law, and even if they do, you still can get sued if you act negligently- which is not all that hard to do in emergency situations. I got SO annoyed reading the cases in law school about this- if someone pulled me from a burning car, and I was paralyzed because of the way they pulled me out, I would be grateful that I am alive. Not in this case, they sued and won millions. It makes you scared to help, which is just so very sad. I don't think I could sit and watch something horrible happening and not do anything. Guilt is worse than being sued, IMO.

Actually I believe that most states do have a Good Samaritan Law, but each state differs greatly in the amount it would protect you and who it applies to. Some states it only applies to people like Doctors and EMTs, while others only apply to people with training so just anyone wouldn't be protected. And some states only protect during certain circumstances.

But you are right, in the case that I did have to help someone I'd rather get sued than live with the thought that I could have helped and I didn't. But I would no longer feel comfortable doing CPR since it's been over 4 years since I took the class, but in other emergencies I think I would try to help.

 

[TillyChinchilla]

Anybody hear about the man who pulled a woman out of a car accident (where she could have died) and she sued him for millions because she ended up paralyzed?

My mother is an RN and keeps a mask in her glove compartment for those kinds of things. It is really, really sad when you have to think twice about helping somebody that could die because they could turn around and sue you for more than you have!