Heavy G’s thread on building a medical kit got me inspired and I recently took a Red Cross first aid class. The class was fairly basic. It covered bleeding wounds, splinting, burns, and other day to day emergencies.
The class was centered around how to stabilize a victim and wait for EMS. Many of us who worry that EMS may not show up would have been slightly disappointed in the class. But, with that being said, I would still recommend taking this class. The reason I recommend taking it is not so much for first aid, but for legal liability.
Before I continue, please take note that every state is different and you need to check with YOUR STATE LAWS. But, in Ohio we have a Good Samaritan Law. Before taking this first aid class, I assumed that if I did my best to help someone out and they took a turn for the worst, that I would be protected by the law. NOT ENTIRELY TRUE. Although the Ohio law is written very generally to protect any person who performs first aid outside of a medical institution without payment for services, you still need to be cautious.
In my Red Cross Class there were several requirements that you must follow in order to be fully protected under the good Samaritan law, in Ohio. Again, with any legal matter consult with YOUR sate. These are just guidelines and not meant to be taken as fact, they are posted for discussion only.
1.Ask for consent to perform first aid. This seems silly, but if someone says, I am ok, then you can be at risk for lawsuit if you do any more than call 911. Also, with minors and children, get parental consent first.
2.Do not except anything from victim. Even a cup of coffee can be considered “payment” for services. In order to fall under the good Samaritan law IN OHIO, under MY non professional understanding of the law; you must perform the service with NO payment of any kind. Also you must help OUTSIDE of a medical establishment
3.You must not be malicious. I don’t worry about this, but this part of the law protects people from being robbed or touched inappropriately if they are incapacitated.
4.You must stay with the victim until EMS/Police/Fire arrives. You cannot abandon a person once you start to give care.
5.You must only perform actions that YOU have training for. THIS IS THE BIG ONE FOR ME. If you use a tourniquet on someone, and they lose a leg, you can be found RECKLESS if you do not have training using that piece of equipment. You have to of HAD TRAINING in order to give care. If you are not trained you could be found RECKLESS.
**This last point that was taught to us in class seems to go well above and beyond the law written in Ohio** But this is how it was taught to me at the Red Cross
I would like to state that no matter what the legal implications, that I would always lend a hand to help to the best of my ability under all reasonable circumstances. Also, the law in Ohio is written more broadly than other states and is extremely difficult for a good Samaritan to be prosecuted. Also, the above guidelines are often more cautious than the actual law itself .There are no real cases that my instructor knew of where someone was found reckless and prosecuted either criminally or in a civil suit, just for doing the right thing. BUT, the law is there and I thought I would take a moment to pass on the information.
For those of you who are bored, here is Ohio’s law:
2305.23 Liability for emergency care.
No person shall be liable in civil damages for administering emergency care or treatment at the scene of an emergency outside of a hospital, doctors office, or other place having proper medical equipment, for acts performed at the scene of such emergency, unless such acts constitute willful or wanton misconduct.
