.gif "IP Gear")
- Joined
- Jun 17, 2004
- Messages
- 624
Dont make me go dig up my EMT book but here is the only real thing you would need to worry about, did you have "implied consent" to help her?
I was literally told even if someone is choking to death and they dont point towards their throat or signal they need help, wait for their ass to just pass out before you help them. At that point you assume any normal person would want help (from dying) and that they cannot give their consent since theyre not conscious lol.
Are you actually trained in CPR or first aid? I mean certified, if so I imagine it would help a little. Either way good luck.. hope the court doesnt f*ck ya
"Consent
The responder must not commit assault or battery by giving aid to a patient without consent of the patient (or of the patient's legal guardian when the patient is a minor) except in those cases where obtaining the consent of the patient or guardian is not possible. All "Good Samaritans" shall state their level of training if previously trained, and if no parent/ guardian/ relative is present to give consent, or if the victim is unconscious, consent is implied.
Implied consent
Consent may be implied if the patient is unconscious, delusional, intoxicated or deemed mentally unfit to make decisions regarding their safety or if the responder has a reasonable belief that this was as such; courts tend to be very forgiving in adjudicating this, under the legal fiction that "peril invites rescue" (as in the rescue doctrine).[15] The test in most jurisdictions is that of the 'average, reasonable person'. To illustrate, would the average, reasonable person in any of the states described above consent to receiving assistance in these circumstances if he or she were able to make his or her own decision?"
I was literally told even if someone is choking to death and they dont point towards their throat or signal they need help, wait for their ass to just pass out before you help them. At that point you assume any normal person would want help (from dying) and that they cannot give their consent since theyre not conscious lol.
Are you actually trained in CPR or first aid? I mean certified, if so I imagine it would help a little. Either way good luck.. hope the court doesnt f*ck ya
"Consent
The responder must not commit assault or battery by giving aid to a patient without consent of the patient (or of the patient's legal guardian when the patient is a minor) except in those cases where obtaining the consent of the patient or guardian is not possible. All "Good Samaritans" shall state their level of training if previously trained, and if no parent/ guardian/ relative is present to give consent, or if the victim is unconscious, consent is implied.
Implied consent
Consent may be implied if the patient is unconscious, delusional, intoxicated or deemed mentally unfit to make decisions regarding their safety or if the responder has a reasonable belief that this was as such; courts tend to be very forgiving in adjudicating this, under the legal fiction that "peril invites rescue" (as in the rescue doctrine).[15] The test in most jurisdictions is that of the 'average, reasonable person'. To illustrate, would the average, reasonable person in any of the states described above consent to receiving assistance in these circumstances if he or she were able to make his or her own decision?"
