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					                                          Webster Definition for “Samaritan”

                                          Sa.mar.i.tan 1: a native or inhabitant of Samaria
                                          2: one ready and generous in helping those in
                                          distress
                                          [fr. The parable of the good Samaritan, Luke
                                          10:30-37]




By Chris Le Baudour

    In the Bible, Jesus tells a story of a traveler from Samaria who stops to help another man who was
beaten, robbed and left for dead along the road from Jerusalem to Jericho. Two other men had come
upon the injured man only to pass him at a distance and not offer assistance. When the traveler from
Samaria came upon the injured man, he chose to stop and help. He bandaged the injured mans wounds
and carried him by donkey to a nearby inn. The Samaritan gave the inn keeper two silver coins and
told him to look after the injured man until he could return, upon his return he would reimburse the inn
keeper for any extra expense he may have incurred while caring for the injured man. The Samaritan
was not obligated in any way to stop and help the injured man. He chose to do it out of love for his
fellow man, and did so without the thought of being compensated for his deeds.
   Fortunately, much has changed since that first “Good Samaritan” decided to stop and help his fellow
man on that rocky road to Jericho. Today the roads are a lot smoother, and the likelihood of getting
someone to stop and help is much netter, partly due to the sheer numbers of people who travel.
However, many people still choose not to stop and help for several reasons. The lack of medical
knowledge keeps many people away, while others are concerned about communicable diseases. These
are reasons you as students are here to educate yourself about and overcome. The perceived threat of a
lawsuit keeps even more potential “Good Samaritans” from stopping to help at the scene of an
emergency. California, like so many other states has written into various legislative codes, laws that
encourage people to stop at the scene of an emergency and render assistance without the threat of civil
liability for their actions. California law encourages “Good Samaritans”.
   Below are several sections taken from the California Health and Safety Code. These sections
comprise several of what are commonly referred to as “Good Samaritan Laws”. These “laws” as you
will see, have been written to encourage the public as well as many paid professionals to render
medical care at the scene of an emergency without fear of being held liable for their actions. It is
important to point out that these laws are clearly written to protect those persons who act in “Good
Faith” and provide care that is within their “Scope of Care” and “Standard of Care”.
   A First responders “Scope of Care” identifies the range of duties and skills they are allowed to, and
are supposed to perform as outlined in the First Responder National Standard Curriculum developed by
the U.S. Department of Transportation, and taught in out program here at SRJC. While these laws
grant immunity from civil damages resulting from “any act or omission”, the DO NOT grant immunity
from civil damages for any person whose conduct constitutes “Gross Negligence”. While we can’t
possibly try to define gross negligence here, out purpose in presenting this information to you is to
demonstrate just how California law is written to encourage all persons to be a good Samaritan and stop
and provide assistance at the scene of an emergency.
   In the event of a lawsuit, a first responder will be judged according to a “Standard of Care”.
Standard of Care is defined as the minimum acceptable level of care normally provided in our area.
Another way of stating it is, how would another First Responder of similar training and experience
have responded to the same situation? Here at SRJC our program strives to instill in every student a
strong sense of their Scope of Care and Standard of Care and the use of good common sense while
providing care at the scene of an emergency. We hope to inform, educate and train you to be a better,
more confident Good Samaritan.

     CALIFORNIA HEALTH AND SAFETY CODE
     DIVISION 2.5. EMERGENCY MEDICAL SERVICES
     CHAPTER 9. LIABILITY LIMITATION

§ 1714.2. Cardiopulmonary Resuscitation: emergency care; immunity from civil liability
a.      In order to encourage citizens to participate in emergency medical services training programs
        and to render emergency medical services to fellow citizens, no person who has completed a
        basic cardiopulmonary resuscitation course which complies with the standards adopted by the
        American Heart Association or the American Red Cross for cardiopulmonary resuscitation at
        the scene of an emergency, shall be liable for any civil damages as a result of any acts or
        omissions by such person rendering the emergency care.
b.      This section shall not be construed to grant immunity from civil damages to any person whose
        conduct in rendering such emergency care constitutes gross negligence.
c.      In order to encourage local agencies and other organizations to train citizens in
        cardiopulmonary resuscitation techniques, no local agency, entity of state or local government,
        or other public or private organization which sponsors, authorizes, supports, finances, or
        supervisors the training of citizens in cardiopulmonary resuscitation shall be liable for any civil
        damages alleged to result from such training programs.
d.      In order to encourage qualified individuals to instruct citizens in cardiopulmonary resuscitation,
        no person who is certified to instruct in cardiopulmonary resuscitation by either the American
        Heart Association or the American Red Cross shall be liable for any civil damages alleged to
        result from the acts or omissions of an individual who received instruction on cardiopulmonary
        resuscitation by that certified instructor.
e.      This section shall not be construed to grant immunity from civil damages to any person who
        renders such emergency care to an individual with the expectation of receiving compensation
        from the individual for providing the emergency care.
§ 1799.100. Training Programs
   In order to encourage local agencies and other organizations to train people in emergency medical
services, no local agency, entity of state or local government, or other public or private organization
which sponsors, authorizes, supports, finances, or supervises the training of people, or certifies those
people, excluding physicians and surgeons, registered nurses, and licensed vocational nurses, as
defined, in emergency medical services, shall be liable for any civil damages alleged to result from
those training programs.
§ 1799.102. Persons rendering emergency care at emergency scene for no compensation
   No person who in good faith, and not for compensation, renders emergency care at the scene of an
emergency shall be liable for any civil damages resulting from any act or omission. The scene of an
emergency shall not include emergency departments and other places where medical care is usually
offered.
§ 1799.104. Physicians or nurses giving emergency instructions; EMTII or mobile intensive care
paramedics
a.     No physician or nurse, who in good faith gives emergency instructions to an EMTII or mobile
       intensive care paramedic at the scene of an emergency, shall be liable for any civil damages as a
       result of issuing the instructions
b.     No EMTII or mobile intensive care paramedic rendering care within the scope of his duties
       who, in good faith and in a non negligent manner, follows the instructions of a physician or
       nurse shall be liable for any civil damages as a result of following such instructions.
§ 1799.106. Firefighters, law enforcement officers, emergency medical technicians; employing
agencies
    In addition to the provisions of Section 1799.104 of this code and of Section 1714.2 of the Civil
Code and in order to encourage the provision of emergency medical services by firefighters, police
officers, EMTI, EMTII or EMTP, a firefighter, police officer or other law enforcement officer, EMTI,
EMTII or EMTP, who renders emergency medical services at the scene of an emergency shall only be
liable in civil damages for acts or omissions performed in a grossly negligent manner or acts or
omissions not performed in good faith. A public agency employing such a firefighter, police officer or
other law enforcement officer, EMTI, EMTII or EMTP, shall not be liable for civil damages if the
firefighter, police officer or other law enforcement officer, EMTI, EMTII or EMTP is not liable.
§ 1799.107. Emergency services; public entities and emergency rescue personnel
a.     The Legislature finds and declares that a threat to the public health and safety exists whenever
       there is a need for emergency services and that public entities and emergency rescue personnel
       should be encouraged to provide emergency services. To that end, a qualified immunity from
       liability shall be provided for public entities and emergency rescue personnel providing
       emergency services.
b.     Except as provided in Article I (commencing with Section 17000 of Chapter 1 of Division 9 of
       the Vehicle Code, neither a public entity nor emergency rescue personnel shall be liable for any
       injury caused by an action taken by the emergency rescue personnel acting within the scope of
       their employment to provide emergency services, unless the action taken was performed in bad
       faith or in a grossly negligent manner.
c.     For purposes of this section, it shall be presumed that the action taken when providing
       emergency services was performed in good faith and without gross negligence. This
       presumption shall be one affecting the burden of proof.
d.     For purposes of this section, “emergency rescue personnel” means any person who is an officer,
       employee, or member of a fire department or fire protection or firefighting agency of the federal
       government, the State of California, a city, county, city and county, district, or other public or
       municipal corporation or political subdivision of this state, whether such person is a volunteer
       or partly paid or fully paid, while he or she is actually engaged in providing emergency services
       as defined by subdivision (e).
e.     For purposes of this section, “emergency services” includes, but is not limited to, first aid and
       medical services, rescue procedures and transportation, or other related activities necessary to
       insure the health or safety of a person in imminent peril.
§ 1799.108. Persons certified to provide prehospital emergency field care treatment
   Any person who has a certificate issued pursuant to this division form a certifying agency to provide
prehospital emergency field care treatment at the scene of an emergency, as defined in Section
1799.102, shall be liable for civil damages only for acts or omissions in a grossly negligent manner or
acts or omissions not performed in good faith.

				
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