I'm in Calif and have taken ARC first aid many times. We're always told to first announce to the victim we've had first aid or CPR training and would they permit us to render assistance, before providing any aid.

If they refuse, then don't aid. If they accept you should be okay so long as you operate within guidelines--follow your training. And a guideline is to not move somebody suspected of having a spinal injury unless there's a more imminent threat, e.g., fire. The assumption is that paralysis is preferable to burning to death.

There's also implied consent. An unconscious adult or any minor is presumed by law to have provided implied consent. Again, any aid provided needs to be prudent--within training guidelines. Interestingly, if a conscious person refuses help and then passes out, implied consent is thereby given.

I don't find myself the least concerned by this recent ruling, as it doesn't seem as though the person assisting was trained. I won't worry about assisting anybody, so long as I follow the ARC training.

Legislation can address this in the future, but I'm not convinced it's needed based on this case.

My $0.02

Originally Posted By scottyb
Quote:
Surely the legislature will override this. Yes?


We are talking about California here. This is a very slippery slope and sets the tone for others to follow suit.

As a rescue diver for a powerboat racing association, I have witnessed 1st hand (on the stand), their very liberal interpretaions of issues such as "waivers of liability". Now, I have to worry about being sued for pulling a crash victim out of a sunken boat before he drowns, for fear of causing other injuries.


Edited by Rick_D (12/20/08 03:23 PM)
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--Rick