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Can a Good Samaritan be sued?
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| morpheus |
Posted on 21-12-2008 08:13
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Senior Captain
Posts: 65
Joined: 01/12/2006 21:06
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theres a recent case that has been the source of discussion here in the US.
THE CASE
4 years ago, a group of office workers was traveling in a car, and they had a high velocity MVA.
One of the co-workers pulled the others out of the car, fearing that the car might catch fire.
In doing so, obviously he could not have mantained spinal precautions, one of the ladies ended up being paraplegic after the rescue.
The lady is now asking the court permission to sue her saviour, her coworker.
And the court is allowing it.
THE ARGUMENT
if good samaritans are sued, any person would think twice before they help anyone. It kills the spirit of acting in good faith, it goes against the basic fundamentals of medicine, acting in good faith.
Would you like to be sued for helping a patient having a cardiac arrest in an airplane?
Are we as emergency physicians/emergency nurses/emergency paramedics, more at risk when we help someone when we are away from our job?
how many of us actually raise their hands when a doctor is asked for in flight?
i know it took me a few seconds to raise my hand when i did it the first time, but gradually it becomes second nature.
Can it remain second nature if i have litigation's sword hanging above me...
THE QUESTION
Can a good samaritan be sued? Does anyone want to blink a moment and think oh what if i get sued if i help this person in distress? Can that one moment be fateful for the victim? Should the court allow the suing? Should the court refuse the right to sue, in view of the greater humanitarian good?
Edited by webmaster on 22-12-2008 21:54
And leave footprints in the sands of time.......
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| ninakanth |
Posted on 22-12-2008 13:16
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NEPI
Posts: 2
Joined: 20/12/2008 10:58
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yes morpheus, there was actually a CME on medscape on the same topic. what, tell me is the price that one pays for listening to one's conscience?
can we seriously walk away from a situation where we can make a difference or will the fear of litigation actually make us turn our backs?
i guess the answer will be individual and we will only know when we are in that situation ourselves.
our decision will shape us. |
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| morpheus |
Posted on 23-12-2008 21:02
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Senior Captain
Posts: 65
Joined: 01/12/2006 21:06
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doesent the judiciary as the upholder of rights, have a duty or a responsibility to refute such claims and requests to persecute good samaritans?
why bring doubt into the picture at all.
and as doctors okay, i think its our moral responsibility to oblige, but what about people who are not doctors? dont they get deterred by such outrageous decisions?
And leave footprints in the sands of time.......
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| maroju |
Posted on 25-12-2008 16:33
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Senior Captain
Posts: 91
Joined: 27/08/2007 02:04
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but the flip side to the argument is, this statute would stop 'good sams' from acting as 'cow-boys'!!!! |
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| imron |
Posted on 26-12-2008 03:17
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Senior Captain
Posts: 52
Joined: 17/06/2007 20:52
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This is also true.
But people always act in good faith, especially if a person is pulling out an injured victim from a wreakage or accident site. If that person knew about spinal immobilization, then he/she would take care about that.
Looking at this discussion, have we all thought about this case from the paraplegic lady's point of view? What provoked her to do this? |
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| morpheus |
Posted on 26-12-2008 07:15
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Senior Captain
Posts: 65
Joined: 01/12/2006 21:06
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well, again i know about spinal immobilization, but i am the only one uninjured and i am the only one left to pull out a lady trapped inside a car on fire, do i care about spinal immobilization then??? is her life more important or ... what if it was one of your own family members, would you still think about spinal immobilization?
the reasons for the lady's decisions are unclear, the only thing thats known is that shes obviously lost her job...so!!
And leave footprints in the sands of time.......
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| Harsha |
Posted on 08-01-2009 12:21
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NEPI
Posts: 4
Joined: 07/02/2007 12:40
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one more good thing about practicing EM in India,
hardly would people think of suing a person who tried to help
and even if they did it is the responsibility of the patient to prove that only the act of pulling her out of car caused the problem and not the accident,
which is, well could be hard or not possible... |
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| morpheus |
Posted on 09-01-2009 02:02
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Senior Captain
Posts: 65
Joined: 01/12/2006 21:06
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probably thats the reason why most medical litigations are given up in india so fast. But then doesnt that also have a further implication of letting doctors get away with malpractice?
they are two sides of the same hole, you fall anyway!!!
And leave footprints in the sands of time.......
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