TIP: Click on subject to list as thread! ANSI
echo: askacop
to: TOM RIGHTMER
from: RICH WILLBANKS
date: 1998-05-01 01:31:00
subject: Good Samaritan Laws

 RW> he can be sued. For one thing he was a member of the military and
 RW> therefore had training in first aid which could be used in a court
 RW> to 'override' the GS law.
TR> That would simply be your opinion. The Good Samaritan Laws
TR> work fine. Get a list of cases of this type where the Good
TR> Samaritan was sued and lost. Otherwise, you are stating
TR> nothing but an unfounded opinion. You might even find a few
TR> cases where the good samaritan lost the law suit, but it
Unless you consider what TWO lawyers and a prosecutor
(I know he's a lawyer also) told me at the time as
unfounded then it is a little more than my opinion.
I was told (it was a while ago) by them that the GS law
only covered an UNTRAINED person who did the what they
thought was best.  What was training and who was
trained and who was untrained (other then licensed
health care people) was not specified therefore it
would be up to the jury to decide.

I didn't ask about the military but every solder (I
don't know about sailors and airmen) is given training
in first aid and specifically traumatic injuries.  I
would think that any civil attorney would be able to
convince a jury that a long time member of the military
is not an UNTRAINED person and therefore is NOT covered
by the GS law (at the time).
TR> would probably be for the reason that I stated in the first
TR> message, "Doing something Hillbilly *** stupid". An example
TR> might be a doctor doing rescue breathing for a person on the
TR> wrong end of the person.  
The thing is if an untrained person does do something
H-A-S but he thought it was the right thing to do he
would not be legally libel. 
Remember the old method of "push the back and lift the
arms" of artificial respiration?  Let's some one tries
this on someone with a back injury and causes
preeminent damage.  If they were doing it because they
had saw someone do it in an old movie and thought it
was the only way then they could not be sued because of
the GS law.  OTOH, if you or I did it and it was found
out that we had a current Red Cross CPR certification
than we could be sitting in a court room.
Of course all of this is moot if some one with some
smarts changed the law.
                      Remember:  Freedom isn't Free!
--- timEd-B11
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