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Posted By Malcolm Hogarth
Are there any recorded cases of first aiders being sued for negligence after having treated a csualty. I am trying to reassure somebody who is not convinced and is getting a bit paranoid about it.
Thanks in anticipation.
Malcolm
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Posted By J Knight
Hi Malcolm,
I had my doubts about this, but the trainers on the last first aid and update courses I attended were adamant that this has in fact happened. They knew cases, but I can't remember any of them,
John
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Posted By Ken C
Hi
Provided you follow the basic rules you are not open to a negligence claim. The rules that I have been taught are as follows.
1. Always say that you CAN help and not that you WILL help. Acting in this way means that there is implied consent. i.e they have not tried to stop you. My wife is also told this as a Nurse with the NHS.
2. Never step outside the bounds of what you have been trained to do. I have seen a First Aid instructor teach intubation (I think I have spelled that right) which is not and never will be a First Aid issue. This for those that don't know is the bag to help you breath that is used by Paramedics upwards.
Follow these and any claim against you would be difficult to prove. I have never heard of a successfull claim for negligence in this matter but the way our litigious society is going I think people would at least try.
Regards
Ken C
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Posted By Michael Hayward
Hi Malcolm
I am head of health and safety for St John Ambulance. We have occasional (but rare) claims against our volunteers whilst on duty.As far as I am aware there has never been a claim that has succeeded. There is after all no guarentee that first aid treatment will be successful, unfortunately people die. Judgement has always been based on the question, "did the first aider do what he was trained to do, and was that training in line with current practice" If the answer is yes - then there is no case to answer
Hope this helps
Cheers
Mick
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