Legal Factors that you should Consider when Providing First Aid
In this article, we will explore the principles that define the legal landscape for those entrusted with providing emergency care. We will cover important topics such as the duty of care, making sure you have permission to help, keeping things private, knowing what you can and can't do, and understanding special laws that protect people who help in emergencies.
For professionals such as law enforcement officers, firefighters, flight attendants, lifeguards, teachers, park rangers, or designated workplace first aid officers, the obligation to provide first aid may be inherent in their roles. But what about everyone else?
We will delve into the nuanced circumstances shaping this duty and provide guidance on the legal parameters associated with delivering care. Let's explore together the specific situations that create this duty and the legal rules for providing care.
1. Duty of Care
Some people, such as law enforcement officers, firefighters, flight attendants, lifeguards, park rangers, or a nominated first aid officer in a workplace, for example, may have the duty to provide first aid while on the job. If providing first aid is part of your job description, you must help. However, when you are not on duty, you can decide whether or not to provide first aid.
When you start first aid treatment for a casualty, you take on a duty of care to provide first aid to a reasonable standard and ensure that your actions do not cause further harm or injury to the casualty. You should continue to provide first aid once this treatment has begun, until:
- The scene becomes unsafe
- Another trained First Aider arrives and takes over
- Qualified help arrives and takes over
- The casualty shows signs of recovery
- You become physically unable to continue
2. Negligence
If a first aider faces legal action related to providing first aid, the courts will assess the circumstances of the incident to decide if the first aider acted negligently in their treatment. The following factors must all be present for a first aider to be found negligent:
- A duty of care existed between the first aider and the casualty.
- The first aider did not provide a standard of reasonable care and skill in providing first aid.
- The first aider breached the relevant standard of care.
- The casualty suffered harm or injury as a result of an act or omission of the first aider.
A first aider is not considered a medical professional. Therefore, a court would need to identify the first aider’s level of training and assess the standard of care a reasonable person would provide in the same emergency situation.
3. Consent
In order to provide someone with first aid or medical care, you need to obtain consent. Before you touch an ill or injured person, introduce yourself as a first aider and ask permission to help. Anyone has the right to refuse your help.
- If the person gives you permission to help, you can give first aid.
- If the person does not give you permission to help, phone your local emergency number and stay with him until the ambulance arrives.
- If the person is unresponsive or confused, assume that the person wants your help and give first aid.
4. Privacy and Confidentiality
As a first aider, you may learn personal information about the people you help, such as their medical conditions and history. Provide EMS rescuers with all the information you know about the casualty. If you are at work, pass the information on to your supervisor. Do not share the information with other people; keep the private information private.
5. Own Skills and Limitations
It is vital for a first aider to know and understand their level of first aid training undertaken and to keep their skills up-to-date. At no time can a first responder go beyond their level of training. Be aware of your own skill level and its limitations. DO NOT attempt any process or procedure for which you have not been trained.
6. Good Samaritan Laws
If you're wondering if it's legal or not to give someone first aid, you should know that most countries have Good Samaritan laws. These laws protect anyone who gives first aid. They are regulated differently from one country / province to another, so be sure to check the laws in your area.
Conclusion
In conclusion, navigating the legal considerations of delivering first aid demands a nuanced understanding. Professionals with a duty to provide aid during their job must act within the prescribed standards, considering the circumstances and the individual's right to refuse assistance. The potential for legal action underscores the importance of maintaining privacy and confidentiality while adhering to the boundaries of one's skills and training.
The protection afforded by Good Samaritan laws reinforces the commendable act of providing first aid, emphasizing the need for awareness and compliance with regional legal variations.
By upholding these principles, first aid providers contribute to a safer, legally sound, and compassionate response in emergency situations.