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Old Mon Dec 02, 2002, 03:48pm
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Re: Test it in court.

Quote:
Originally posted by JRutledge
You are assuming that all states have the same laws. You are also assuming that all states have the same interpretation of the laws. And you are also assuming that you will not be sued based on what you consider "good semaritan" laws. Liability has many forms. If you consider it to be your job and you mess up, you can be sued anyway. Do not think just because you are an EMT, it relieves you from responsibility or liability. So if you feel that assisting is what you want to do, go right ahead. And if those schools have to EMT or trainers involved in the contest, that opens them up for liability too. Do what you feel is right, but undertand you are an official on that court or field first. If you were not, you would not be wearing a striped shirt. Anything you choose to do in that striped shirt, that is how you will be judged, whether you have training in a specific field or not. Again, you can take your chances and get sued defending what you feel the law protects. But considering the climate that we are in, I hope you have the funds or the lawyer to protect yourself from being sued. People get sued everyday that have not done anything wrong. This is a free country and you can choose to do what you feel is right. But understand that everyone is not going to agree with you on this. And if a family gets a lawyer because you have "interfered" in their mind with the professionals that were in charge, then that is something you will have to face. The NF tells us in many sports to not take an active role in dealing with injured players or participants. They have made this clear in several sports. Now remember if you choose to ignore that warning, then you are leaving yourself open to further liability. You can be held liabible for not following the rules that are in place. We talk all the time about following rules at this board, this is just one of many. And if you do not follow them, your are doing so at your own risk.

Peace

[Edited by JRutledge on Dec 2nd, 2002 at 02:34 PM]
It's not a question of what I believe are good samaritan laws - they are covered quite in depth in the EMT courses in my area.

As for transportation, yes, that is true, under some circumstances. But there are many times I act as an EMT, and do not actually transport a patient. I have also, in the past, been asked by the EMTs who showed up in the ambulance, to continue to provide care and ride along with them to the hospital. Obviously, if possible, this is something I would decline if I was a sports official, but I have NEVER in my 12 years of being a firefighter had an EMT at the scene ahead of me that I had to ask not to "interfere". I know what training they have, and I know that I can expect them to be able to perform and assist with several specific skills due to their training.

As for being relieved from responsibility or liability, I am not relieved of either in any case. I am protected by the law if I perform up to the standard of care that I have been trained to. If I do not, yes, I am certainly liable for my actions.

As for equipment - I certainly hope in whatever class you obtained your training, you received instruction in "winging it" with whatever happens to be available and suitable for the purpose. Saying that you don't have your handy-dandy jump kit is no excuse for not assisting if needed.

Obviously, if there ARE trainers or EMT/etc present, they would be responsible for patient care, and you can officiate the contest without any problem. However, as I stated earlier, many of the contests I officiate do NOT have these type of people present.

As for a family feeling I interfered, if I do get involved, I identify myself as an EMT when I offer assistance. If I don't happen to be wearing a patch or holding my little EMT card out in the open, this has NO effect on whether or not the Good Samaritan laws (as they apply in whatever state you happen to be in) apply - only that I perform care up to the established standard of care, and no more/no less.

It is a free country. However, if I was told by an association that I was not permitted to assist, I believe the media would have a field day... "Medically Trained official prohibited from assisting with injuries" - sounds like the association opening themselves up to a large amount of liability there. "Why didn't you act?" "Well, because if I did, they wouldn't give me any more games!" - see how a lawyer would like that one...
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