What Are The Legal Implications Of A Non-Qualified First Aider Performing Emergency (Or Other) First Aid On A Member Of The Public ?

[loo58]

What are the legal implications of a non-qualified first aider performing emergency (or other) first aid on a member of the public ?

[bednobs]

are there any?

[douglas9401]

If it's a matter of life and death, none, better to try something than do nothing.

[jourdain2]

Agree with douglas - in a crisis you offer any help you can. Shouldn't be any implications.

[bednobs]

there are probably more legal implications to either doing sod all or being a qualified fa and injuring someone

[calmck]

See Good Samaritan Laws/act

[calmck]

If the person performing first aid did not cause the incident. No problem as I understand it. First aid response should be appropriate

[Buenchico]

See here:
https://www.realfirstaid.co.uk/dutyofcare

[TheWinner]

I had a training session with a paramedic, who showed me how to assess someone suspected of having had a heart attack, and how to use a defibrillator. It was a sort of public awareness day, not booked, they were in the local square and I was walking past. He was amazing. Answered my every question, most of which started with, "yeah but what if?" The bottom line is they would rather you attempt, than do nothing. The most important thing to remember is: call 999, because no matter what you do, if you haven't called for help, no one's coming.
If I ever needed that skill to save a life, all credit would be given to that paramedic who gave me the most fantastic instruction in a very short space of time.

[Buenchico]

PS: 'Non-qualified', in your question, is largely irrelevant. A person still has a 'duty of care' towards another, irrespective of whether they've got a piece of paper to say that they're qualified or not.

[pixie374]

I literally just did the most recent course on Friday. And people asked. It's just as thewinner says- you cannot be legally blamed or sued, if you are acting in the person's best interests, in an emergency situation. Do whatever you can that might help.

[Peter Pedant]

This must be an essay question
This can't be " just thinking: sort of hypthetical"

if "just wondering" - see above

If an essay question: read your lecture notes and course material! BUT....
The chapter on Negligence - Donoghue v Stevenson and all that. ( Huge amount to cover) - just go thro it in the order of the chapter in the book
THEN does a samaritan have a duty of care ( yes unless varied by statute)
THEN what is the level of care
and that is covered by Wilsher v Essex

phew and that is about 60 pages ( at least half a text book)

his duty of care ceases when the cavalry arrive

Practically speaking? Nil - the walk in samaritan has to be insured and they wont be, so it is not worth suing.
BUT... if he is a householder then incredz you may be able to claim off his household insurance... this is not a matter of law

put your pen down and have a cup of tea

[pixie374]

PP, it's something that all normal people wonder at some point. And the theories and advice have changed in the last few years.

[pixie374]

For UK, to put it honestly...
//Although there have been a few cases in the UK when a claim for damages has been brought against a member of the public or a first aider who has attempted resuscitation, there have been no reported cases in which someone has successfully sued anyone who came to help them in an emergency situation.//

[Peter Pedant]

yes agree with that
the doctor who put in the chest drain in the aircraft ( excuse me?) got sued ( but he was a dr and insured)

and the household insurance case was
leddy walked out in front of bus
squeesh !
Bus driver cd not work - ever ! PTSD
and the judge ( judge Russell, for it was he - his claim to fame . didnt do anything else in his long and useful judicial career) allowed the claim against the household insurance of the dead leddy

[Peter Pedant]

thank you |Pixie you are of course quite right