There is probably no fast hard answer to that scenario. You can be sued for your actions, good or bad, if you have a sympathetic jury and/or a good lawyer, most likely the principal of “life over limb” will prevail and no monetary judgment will be made against you.

However, if it can be shown that your Boy Scout training (Standard of Care) indicated that the tourniquet should be tighten only to stem the bleeding or that it was to be loosened every 30 minutes and you yanked down on that tourniquet beyond reason or you failed to release the tourniquet periodically based upon your training you might be found responsible. You might also run into trouble if the current Standard of Care was significantly different from your aged training.

As part of our biannual training we are required to have modules on medical-legal responsibilities and requirements. One of the most important lessons we are given is the importance of bedside manner or patient courtesy. Studies have shown that Paramedics who are perceived by the patient to be courteous, caring and compassionate, regardless of the quality of care provided, receive fewer complaints and are sued less frequently, then ones who provide high quality care but are rude or uncaring.

Pete

Individuals with specific training or duties can be criminally liable for "depraved indifference." I was literally one hour out of basic training and standing on Hyde Street in San Francisco. 98 y/o Tilly Zimmerman was in the crosswalk and struck by a speeding Cable Car ( tough to do, but possible.) I provided first aid until the paramedics and this huge irish SFPD sargent arrived. The car operator stood there smoking a cigarette. The cop hopped on and gave him a thorough tongue lashing which included threats of the USCG impounding his vessel pending a maritime board of inquiry. But then he was a Cavanagh <img src="/images/graemlins/grin.gif" alt="" /> When I was later reassigned to the Bay area, those cablecarmen sort of took a deep breath when a coastie was in the crowd <img src="/images/graemlins/tongue.gif" alt="" />

I guess it comes down to whether a person would rather live with the fear of a lawsuit or the guilt over not helping out. I'd probably choose the former.

Thanks for the info.

Regards, Vince

"Aparently the only solution is to get trained but refuse any form of qualification, that way you have the knowledge to help out, but without any qualifications you don't run the risk of a law suit."

Sad but apparently true, I'm afraid.

Vince

The vics exited the vee-hicle under their own power.

Someone else wants to be in charge - good leave.

They can't sue me. They have no ideal who the hell I am.

The only exception to this is when the other "folks" on the scene are obviously not up to it.

My training level (now quite out of date) dosen't really have a suitable civilian equivilent. I was a 8404 Corpsman,(HM2) and had done a big hunk of my time doing medevacs in the field, boats/ships and water. I also did a lot of ER time, along with ortho, lab, x-ray, etc.

While a civilian photojournalist, I responded to numerous scanner calls - I've pulled line on brush trucks at fires while the full time firefighters were waiting for all the volunteers to catch up. I also responded to one that was a fall from the roof of a three story apt. building under construction.. Sadly, even with rescue one and the ambulance there, I was still the most experienced, so I put down my camera bag...

The arguement I have most often - REFUSING to let ANYONE move a vic until EMS takes over...

I (another corpsman and myself) did pull 2 cute early 20's girles outta a flipped pickup truck.

As soon as I saw the fuel spreading, I sent bystanders back over a 100 meters to block the road and he and I cut 'em outta their belts...

This is the ONE time (out of literally dozens) I moved a vic when I wasn't the EMS on the scene...

It is not quite that easy. If you were to administer some type of aid and later on the individual decided to sue you for whatever reason, the lack of the certification, etc. could be more problematic then having the certification. The certification tells the world that you have met some type of standard, i.e., you have been trained, tested and found to meet the at least the minimum standard for the organization or agency that is issuing the certificate. Examples are Red Cross- CPR, First Aid, Life Guard, AHA- CPR, and FEMA- CERT. Depending upon state law such “certified” individual may or may not have certain “rights and privileges” and responsibilities under the law.

However, even the “certification” is not always looked at legally with equal status as being licensed. The problem is many of the organizations that issue “certifications”, really do not have a legal standing per say. They are generally recognized as legitimate organizations, but the issuance of “certification” has often led to the erroneous notion that the individual has some “rights and privileges” associated with the certification. Some of these include “Wilderness First Aid/EMT, Advanced Cardiac Life Support (ACLS), Pediatric Advanced Life Support (PALS),

Many organizations are no longer “issuing” a certificate of competency, but are issuing a certificate of completion or attendance to avoid the impression that the individual can now perform some type of medical intervention. An example would be endotracheal intubation as offered under the ACLS program. Physicians, nurses and paramedics all take the same identical class, however (this may vary by state) only physicians and paramedics may intubate. That is why on an ALS transport of an ICU patient both a nurse and a paramedic must accompany the patient.

A license can only be issued by a government agency, local, state or federal. The license does denote certain “rights and privileges” and responsibilities under the law. The confusion arises in that a government agency can also issue a certification with certain “rights and privileges” and responsibilities under the law, and an organization can issue a “certification” that does not conferee certain “rights and privileges” and responsibilities.

Pete