Are you a Good Samaritan?

[Luissa]

An interesting side note to this thread is that, at common law (and I'm pretty sure under present statute law in all states), there was/is no duty to help anyone. The classic example given in law school was: you are walking down a sidewalk and come across a 1-year-old infant, drowning in a wading pool that is only a foot deep. You keep on walking and the child drowns.

Could you be sued for failing to help the child? Nope.

How do you like THEM apples?

This was brought to my attention just recently. A couple of weeks ago, in NYC, a homeless man came to the aid of a woman being mugged. For his efforts, the mugger stabbed him. He was left on the street to bleed out while several people walked passed him with nary a glance. A couple of folks passed and looked, then strolled on.

The callousness of the human animal never ceases to surprise me.

Anyway, this point of law was brought up in a couple of discussions concerning the incident.

I would of checked on him. I use to work in a park with a lot of homeless people, I learned to check on them. Quite a bit of them were people with mental diseases that were probably allowed to slip through the system.

 

[Madeline]

Are you a Good Samaritan? Are you willing to help your fellow man out in a bad situation?

You know, pulling someone from a burning car. Performing CPR after someone has a heart attack. Doing mouth to mouth on a drowning person. Someone has fallen and you help them up. Someone is choking and you do the hymlic manover. You know that kind of thing, just being a nice person helping someone out.

In doing that are you willing to give up everything you have? Loose your home and all of your savings?

Be careful about this false security many you have about the Good Samaritan Law. There is no such thing.

Next time you come across one of your fellow man in trouble, think twice before helping. Unless that is you get it in writing that they want your help and absolve you of any liability.

So bottom line is don’t help anyone unless you are willing to accept the possibility to lose your shirt in the process.

Actually miss, Good Samaritan Laws are exactly the opposite of what you've described. Old common law was, you had no duty to rescue a stranger. New Good Samaritan Laws impose a criminal sanction on people who do nothing and watch someone die or be hurt. I am not entirely sure any of these laws goes so far as to require you to rescue someone in the event of a heart attack, etc. They're pretty state-specific and I'd have to go look at them one by one.

I am not especially helpful in real emergencies. I have no medical training, I'm not strong, I don't know much about basic mechanics...basically I'm as worthless as tits on a nun. But if you are being beaten to death in front of me, I will at least call 911 for you. Then mebbe REAL rescuers will show up to save you. These new laws don't require much more of me than that.

Should I do less, syrenn?

 

[chanel]

In NJ, the avg. Joe can assist in an emergency, but a professional healthcare worker, like a nurse or doctor, is subject to a lawsuit. How effed up is that? Thank the lawyers.

I find this discussion interesting in light of the "moral decline" thread we've been discussing. Empathy is the highest form of moral development, and yet there are folks on here who can not agree on what morality is and believe that "right and wrong" are learned only through actions and consequences. If there are no consequences; why help?

You cannot legislate morality; but thankfully there are a few good people who have had caring adults to teach it to them.

 

[strollingbones]

yall are debating the ethics...i think one should render aid when possible....we are all in the human misery condition together...

now lets be practical....how many of you carry a bag with the needed tools to render first aid?

i dont know about you but i am not gonna be all over mouth to mouth without the proper equipment...nor do i want to get into a bunch of blood without protective gear...i realize instinct takes over to a great extent....but really people are you putting your mouth on some pox covered mouth?

or putting your hands into blood without at least gloves?

 

[Madeline]

In NJ, the avg. Joe can assist in an emergency, but a professional healthcare worker, like a nurse or doctor, is subject to a lawsuit. How effed up is that? Thank the lawyers.

I find this discussion interesting in light of the "moral decline" thread we've been discussing. Empathy is the highest form of moral development, and yet there are folks on here who can not agree on what morality is and believe that "right and wrong" are learned only through actions and consequences. If there are no consequences; why help?

You cannot legislate morality; but thankfully there are a few good people who have had caring adults to teach it to them.

These are not new rules of law; these kind of lawsuits depend on common law that was old when Henry the VIII sat on the throne.

syrenn has a heart attack, falls to the pavement. I stride forward and declare "Stand back! Give her air! I'm a Doctor!" Hearing my announcement, three ER nurses continue on their merry way. I fuck things up, syrenn dies, and her estate sues me for malpractice.

Why? The legal theory is that by thrusting myself into the situation as her rescuer/MD, I deterred the three ER nurses who might really have been able to save her.

Now, not every single case that has ever been filed under this common law rule has exactly this kind of fact pattern, but most cases that have succeeded do. This sort of lawsuit is a basically a Monster In The Closet. Medical professionals get anxious thinking this is something that could happen to them at any time. Lawyers get sleepy listening because we know not one in a thousand of such cases will ever pay off.

There are things worth worrying about, I suppose, but this isn't just one of them.

 

[chanel]

Tell that to the doctors who pay over a hundred grand in malpractice insurance.

 

[chanel]

Oh and BTW - teacher's unions advise their members NOT to break up fights in school. On account of the lawyers and all.

Fortunately there are a few of us left that instinctively want to help bleeding children.

 

[Madeline]

yall are debating the ethics...i think one should render aid when possible....we are all in the human misery condition together...

now lets be practical....how many of you carry a bag with the needed tools to render first aid?

i dont know about you but i am not gonna be all over mouth to mouth without the proper equipment...nor do i want to get into a bunch of blood without protective gear...i realize instinct takes over to a great extent....but really people are you putting your mouth on some pox covered mouth?

or putting your hands into blood without at least gloves?

What sparked this wave of new Good Samaritan Laws across the country was a truly horrifying case. A college aged man went to the men's room in a casino. On his way there, he walked closely past three uniformed security guards. Once inside, he found another man strangling a little girl he had kidnapped to death. I think she was a kindergartner.

Being as this happened in a casino, it was all video-taped except the murder. No bathroom taping. The murderer was quickly caught and sent to prison, but the public demanded some form of punishment for the man who stood by and peed and washed his hands and left without telling the guards that a kidlet was being murdered. The DA could not do anything, so the public demanded a new law that would allow for criminal sanctions on these facts if they arose again. I'm fairly sure California passed the first one.

If you are witness to a crime and can safely report that to 911, then I suggest you do so if it may save a life. I really doubt these new laws have any special application to medical professionals at all.

 

[editec]

Are you a Good Samaritan? Are you willing to help your fellow man out in a bad situation?

You know, pulling someone from a burning car. Performing CPR after someone has a heart attack. Doing mouth to mouth on a drowning person. Someone has fallen and you help them up. Someone is choking and you do the hymlic manover. You know that kind of thing, just being a nice person helping someone out.

In doing that are you willing to give up everything you have? Loose your home and all of your savings?

Be careful about this false security many you have about the Good Samaritan Law. There is no such thing.

Next time you come across one of your fellow man in trouble, think twice before helping. Unless that is you get it in writing that they want your help and absolve you of any liability.

So bottom line is don’t help anyone unless you are willing to accept the possibility to lose your shirt in the process.

How sad that our society has come to this.

 

[George Costanza]

Yes. The OP is mistaken. There is, in fact, a Good Samaritan Law (that probably varies slightly from state to state).

You are right - but not entirely. I think most states have a good samaritan law, but I also think there are some that do not.

The OP is referring to a unique situation that presently exists in my beloved state of California. It seems our GSL protects a GS who is "rendering emergency aid" or some such. The California Supremes recently interpreted that phrase to mean only MEDICAL aid. Therefore, someone who is merely pulling an unconscious person out of a burning car, is not rendering "medical" aid, so they would NOT be protected if the victim was (unintentionally) injured.

Ah, those Supremes - doncha just love 'em?

 

[syrenn]

Yes. The OP is mistaken. There is, in fact, a Good Samaritan Law (that probably varies slightly from state to state).

You are right - but not entirely. I think most states have a good samaritan law, but I also think there are some that do not.

The OP is referring to a unique situation that presently exists in my beloved state of California. It seems our GSL protects a GS who is "rendering emergency aid" or some such. The California Supremes recently interpreted that phrase to mean only MEDICAL aid. Therefore, someone who is merely pulling an unconscious person out of a burning car, is not rendering "medical" aid, so they would NOT be protected if the victim was (unintentionally) injured.

Ah, those Supremes - doncha just love 'em?

I love it when no one whats to hear a different world view other then their own.

How about it GC, would you care to explain this to them in simpler English?

California Auto Accident and Personal Injury Liability of Good Samaritans After The Recent California Supreme Court Decision

 

[syrenn]

Are you a Good Samaritan? Are you willing to help your fellow man out in a bad situation?

You know, pulling someone from a burning car. Performing CPR after someone has a heart attack. Doing mouth to mouth on a drowning person. Someone has fallen and you help them up. Someone is choking and you do the hymlic manover. You know that kind of thing, just being a nice person helping someone out.

In doing that are you willing to give up everything you have? Loose your home and all of your savings?

Be careful about this false security many you have about the Good Samaritan Law. There is no such thing.

Next time you come across one of your fellow man in trouble, think twice before helping. Unless that is you get it in writing that they want your help and absolve you of any liability.

So bottom line is don’t help anyone unless you are willing to accept the possibility to lose your shirt in the process.

How sad that our society has come to this.

Now lets think on now we have come to this shall we? Some money hungry ungrateful fuck getting helped out of a jam. got us here That is how
http://www.hg.org/article.asp?id=5827

 

[syrenn]

yall are debating the ethics...i think one should render aid when possible....we are all in the human misery condition together...

now lets be practical....how many of you carry a bag with the needed tools to render first aid?

i dont know about you but i am not gonna be all over mouth to mouth without the proper equipment...nor do i want to get into a bunch of blood without protective gear...i realize instinct takes over to a great extent....but really people are you putting your mouth on some pox covered mouth?

or putting your hands into blood without at least gloves?

What sparked this wave of new Good Samaritan Laws across the country was a truly horrifying case. A college aged man went to the men's room in a casino. On his way there, he walked closely past three uniformed security guards. Once inside, he found another man strangling a little girl he had kidnapped to death. I think she was a kindergartner.

Being as this happened in a casino, it was all video-taped except the murder. No bathroom taping. The murderer was quickly caught and sent to prison, but the public demanded some form of punishment for the man who stood by and peed and washed his hands and left without telling the guards that a kidlet was being murdered. The DA could not do anything, so the public demanded a new law that would allow for criminal sanctions on these facts if they arose again. I'm fairly sure California passed the first one.

If you are witness to a crime and can safely report that to 911, then I suggest you do so if it may save a life. I really doubt these new laws have any special application to medical professionals at all.

Actually GSL are there to protect the ones rendering aid. And now they are worthless.

California Auto Accident and Personal Injury Liability of Good Samaritans After The Recent California Supreme Court Decision

 

[syrenn]

These are not new rules of law;

I beg to differ. Which is why made this post to help some of you before you get yourselves into trouble you dont even understand

California Auto Accident and Personal Injury Liability of Good Samaritans After The Recent California Supreme Court Decision

 

[syrenn]

Are you a Good Samaritan? Are you willing to help your fellow man out in a bad situation?

You know, pulling someone from a burning car. Performing CPR after someone has a heart attack. Doing mouth to mouth on a drowning person. Someone has fallen and you help them up. Someone is choking and you do the hymlic manover. You know that kind of thing, just being a nice person helping someone out.

In doing that are you willing to give up everything you have? Loose your home and all of your savings?

Be careful about this false security many you have about the Good Samaritan Law. There is no such thing.

Next time you come across one of your fellow man in trouble, think twice before helping. Unless that is you get it in writing that they want your help and absolve you of any liability.

So bottom line is don’t help anyone unless you are willing to accept the possibility to lose your shirt in the process.

What a piece of crap. I did the Heimlich on someone and I was only 19 at the time. I was shocked that no one else in that restaurant would help that man. Granted, he looked homeless, but for goodness sake, he still was a person. I couldn't believe that I, the youngest one in the place was the only one willing to help him. Guess the rest of the people in that restaurant were friends of yours?

Yes, I'm willing to help my fellow man/woman/person it's my duty as a Christian. Heck, it should be YOUR duty as a PERSON.

Possibly you are correct. But is also always not to be ignorant ofthe law

California Auto Accident and Personal Injury Liability of Good Samaritans After The Recent California Supreme Court Decision

 

[syrenn]

No they will not, not as far as you would hope or think. It is nice to think that they will but just remember you may not always be getting thanks. Your ass can be handed to you on a plate for you help.

I have read the Good Samaritan Law in my state a few times, yes it would protect me.
maybe you should show examples of people being screwed, before you go any farther.

Careful, things are changing. What once was may not be now. All it will take is one challenge to what ever state you are in's law. There is precedent now

California Auto Accident and Personal Injury Liability of Good Samaritans After The Recent California Supreme Court Decision

 

[Madeline]

Yes. The OP is mistaken. There is, in fact, a Good Samaritan Law (that probably varies slightly from state to state).

You are right - but not entirely. I think most states have a good samaritan law, but I also think there are some that do not.

The OP is referring to a unique situation that presently exists in my beloved state of California. It seems our GSL protects a GS who is "rendering emergency aid" or some such. The California Supremes recently interpreted that phrase to mean only MEDICAL aid. Therefore, someone who is merely pulling an unconscious person out of a burning car, is not rendering "medical" aid, so they would NOT be protected if the victim was (unintentionally) injured.

Ah, those Supremes - doncha just love 'em?

No one is forcing you guys to reside in The Land of Fruits and Nutz. California likes to be different. If this truly gives anyone heartburn, call your insurance guy. I'm sure he'll sell you some cheap, unnecessary umbrella policy to protect you.

Sometimes bad facts make bad law. I feel confident 99% of us will never have a chance to rescue anyone, 99.9% of us won't fuck it up if we do and 100% of us have better things to fret about.

 

[geauxtohell]

In NJ, the avg. Joe can assist in an emergency, but a professional healthcare worker, like a nurse or doctor, is subject to a lawsuit. How effed up is that? Thank the lawyers.

Do you have examples of this?

I find this discussion interesting in light of the "moral decline" thread we've been discussing. Empathy is the highest form of moral development, and yet there are folks on here who can not agree on what morality is and believe that "right and wrong" are learned only through actions and consequences. If there are no consequences; why help?

You cannot legislate morality; but thankfully there are a few good people who have had caring adults to teach it to them.

Don't be glib. People have been disagreeing on the definition of morality and obscenity since the notions existed.

Outside of a few basic principles that everyone agrees on, there is no "decline in moral values". There is only a bunch of diagruntled "moralists" that are peeved that they don't get to dictate their moral codes onto others.

Morals are a personal code that someone lives under. That's why, when talking about societies, the only relevant issue is the law which is a codification of moral values that person can be held accountable for breaching.

I'll give you an example: adultery is not a crime under common law. If anyone suggested that it become an illegal act, they would be mocked. However, adultery is a crime under the UCMJ and you can be prosecuted for it. When you join the military, you agree to abide by the UCMJ and subject yourself to possible criminal sanctions for acts that are illegal based on the "morals" of a different group of people.

Another example: It's not illegal to have THC in your system under common law. Possession of Marijuania is. However, under the UCMJ it's illegal to have THC in your system.

 

[geauxtohell]

Tell that to the doctors who pay over a hundred grand in malpractice insurance.

Malpractice covers breach of duties within the scope of your normal job. Maybe GSL suits factor into there somewhere, but I have my doubts.

Not a good example.

 

[geauxtohell]

Yes. The OP is mistaken. There is, in fact, a Good Samaritan Law (that probably varies slightly from state to state).

You are right - but not entirely. I think most states have a good samaritan law, but I also think there are some that do not.

The OP is referring to a unique situation that presently exists in my beloved state of California. It seems our GSL protects a GS who is "rendering emergency aid" or some such. The California Supremes recently interpreted that phrase to mean only MEDICAL aid. Therefore, someone who is merely pulling an unconscious person out of a burning car, is not rendering "medical" aid, so they would NOT be protected if the victim was (unintentionally) injured.

Ah, those Supremes - doncha just love 'em?

Yeah, I saw that. I was referring to it as it provides to health care workers as I've learned it as a student. I am not a lawyer and don't pretend to be.

But it's not factual to say the GSL doesn't exist.

As for this case, that was a bum decision. I can see how this could apply in a non-emergency situation, but now they've just established legal precedent that it is more prudent for a person to allow someone to be incinerated in their car.

What a moronic decision.

Hopefully the State Legislature will rectify it.