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Re: A new experience -- one that I hope not to repeat
Posted By: Brunnen-G, on host 165.127.116.84
Date: Thursday, May 15, 2003, at 12:30:28
In Reply To: Re: A new experience -- one that I hope not to repeat posted by Don the Monkeyman on Thursday, May 15, 2003, at 12:07:49:

> > > Right now, my inclination is to have the interview and just come as clean and honest as I can. Anyone see any reason NOT to do this?
> >
> >
> > The family of the deceased hopes that they can sue you in civil court and find you responsible for her death because you didn't provide assistance to the woman that was trapped under the car.
> >
> > The family of the survivor of the wreck is thinking of suing you because you attempted to provide medical assistance or advice to the survivor even though you are not qualified to do so. They would argue that you put the survivor in more of a life-threatening situation than if you waited for someone with the proper medical training to come along.
>
> Those would be some good reasons, for sure. I'm going to be asking this guy who he's working for and what he's supposed to accomplish before I tell him anything, of course. I sure hope it's not one of the above.

You might want to check on the relevant laws where you live, but in most countries there is something in the legal system called Duty of Care which deals with first aid responders to an accident. Basically, it sets out what action the average person can be expected to take responsibility for, if they help an accident victim. As you are untrained or at a basic first-aid-course level, for example, you are legally expected to be able to take far less responsibility for the consequences of your actions than, say, a doctor or paramedic who responded to the same accident.

What it boils down to is that if an untrained person helps at an accident scene, they cannot be sued for failing to save the victim, unless they did something which the average untrained person might be reasonably expected to KNOW was utterly stupid and wrong. ("Hey, your intestines are poking out! I'll just pull them the rest of the way out to tidy up the hole!") If, however, you respond to an accident and have medical training, you can reasonably be expected to perform to a skill level consistent with your training, and there might be grounds for legal action if you do not.

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