Quote:
Originally Posted by yawetag
In my case, I have been trained to give emergency care. While my license was active (I've let it lapse), my only legal obligation in an emergency (that I wasn't called to for my job) was to call 9-1-1, and anything above that fell under my certification. Because of this, if I did something wrong, Good Samaritan would not help me at all. For someone who is CPR certified, Good Samaritan will not protect you if you do something above your level of training or if you do it incorrectly.
My point is that helping someone without proper training and using "Good Samaritan" to back up your assistance won't always help.
Again, I don't want to make this a legal thread.
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Andrew, you may want to check your state law. Missouri law Chapter 537.037 (2) states:
"2. Any other person who has been trained to provide first aid in a standard recognized training program may, without compensation, render emergency care or assistance to the level for which he or she has been trained, at the scene of an emergency or accident, and shall not be liable for civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care."
Here in Illinois, we are not held liable for administering ordinary emergency care.
(745 ILCS 49/67)
Sec. 67. First aid providers; exemption for first aid. Any person who is currently certified in first aid by the American Red Cross, the American Heart Association, or the National Safety Council and who in good faith provides first aid without fee to any person shall not, as a result of his or her acts or omissions, except willful and wanton misconduct on the part of the person in providing the aid, be liable to a person to whom such aid is provided for civil damages.
As you noted, if I were to do something that I knew to be harmful then I would lose protection. CB could clarify what willful and wanton mean exactly - legal semantics give me headaches - but I read that to mean that I deliberately acted to hurt the person. I don't see this as an issue for me. Most of us who sought the training want to help when we can. We teach in PADI, when in doubt, always ask, "I am an emergency first responder, can I help you?"
The statute regarding those who aren't trained but still offer ordinary help has already been cited. They too are protected in Illinois. I hope they are in your state as well.
Go get recertified, you never know when you'll need it and the techniques are constantly changing. Best of luck.