Can anybody point me in the direction of examples where a person administering first aid had been successfully sued? We have recently had a member of staff attend a one day EFAW course and a 'helpful' colleague has told then that they now need to get insurance to cover them for any first aid that they may administer outside the work environment in case thay get sued! My understanding is that they may well get sued, but I do not know af any cases where such action has been successful. I guess there may be cases where a good samaratin has been inadvertantly negligent, but there is something in the back of my mined telling me that these cases have not been successful. I am sure I will get lots of replies and opinion on this one so would be grateful if we could stick to facts as far as possible floks as oppossed to what if's and not go off on too many tangents. Ta.

Try this thread http://forum.iosh.co.uk/...aspx?g=posts&t=95757 the consensus then was that there were no successful cases and that this whole thing is an urban myth. Although the quoted thread starts of with an "at work" situation, by about post 18 it is talking about the "outside work" area and there are some useful links.

Thanks folks. I have also found some helpful information on the Resuscitation Council (UK) Website.

As a first aid instructor this question often comes up in class and people have always known or heard of somebody being sued. This is absolute nonsence. There are two legal issues at stake: 1. Tresspass to the person- This is unconsented touching. An unconscious person cannot give consent and therefore cannot refuse treatment. Legally you may also provide treatment where it is necessary to save life and limb without consent. A caveat to this may be a suicidal person who apparently has the right to end their life or so I have been informed. 2. Negligence- if you stop to help a person you automatically owe them a duty of care. Failure to corform to the standard of care you have been trained in and certified to perform which results in an injury, damage or loss which would not have been suffered by not being treated could possibly result in an action for negligence. However it would be my assertion that for this to happen you would have to had made the situation considerably worse with your treatment. I.E. put others at considerable risk or make a minor injury a life threatening situation. you do not need insurance to administer but it is advisable for those training you in first aid to have professional indemnity insurance. Hope this helps Kevkel

Hi Kevkel, I have never heard of this before, is there and legislation that could be quoted in a court to support this? Cheers Ken

Ken, I am not sure but I have a legal interpretation which I am working off. It was issued in Ireland for the pre hospital emergency care council with regards to their Cardiac First Response course which is incorporated in the Occupational First Aid course here. It aims to address this very issue. Kevkel

Thanks all.

Just to add to Decimonals points. The case usually referenced is, I think:- Cattley v St John’s Ambulance 1988. In his ruling the judge said that " the St John’s ambulance volunteers had acted professionally and in accordance with their training manual which he described as “the first aiders bible”. The judge found them not to be negligent and gave judgement for the defendants." Thus if you do what you have been trained to do and it is in accordance with latest publsihed guidance you have nowt to fret about. That applies whether you are acting for your employer, as a volunteer or just a good samaritan passing by. The high profile out of court settlement was I think the tragic case of a runner in a public marathon who collapsed and died despite SJA volunteers using an AED. I think I am right in saying that, after the case was settled, the SJA set up a memorial fund and used that fund for training volunteers in the use of AED. p48

'Negligence - if you stop to help a person you automatically owe them a duty of care.' Never seen or heard this before. A duty of care may exist under certain circumstances, such as a employer to employee, road user to another road user, ie where proximity can be established. There is NO duty to help someone who may be in trouble, not even for a first aider to provide assistance. I was not suggesting that you have a duty to stop and assist someone. But if you do stop and help them you owe them a duty of care. This is based in common law.

The document found on the Resuscitation Council UK link above is very clear regarding duty of care and certainly worth a read for anyone that is unclear on the subject (page 8).