Have you heard of the Social Action, Responsibility and Heroism Act 2015? Probably not. But you might have heard about the 'Good Samaritan' Act which protects people who step up in an emergency to help. This particular law applies to England and Wales, but most countries across the world have similar legislation.
We often get asked about this by our course attendees. Questions like ‘what happens if I get sued?’ are associated with a reluctance to get involved in a first aid situation outside of work, in a public location. After all, many of the situations we hear about are when someone comes across an RTC on a country lane or someone faints in the supermarket!
Medical professionals have a duty of care to respond, within the limits of their training, to any situation which they come across. But what about the average ‘man (or woman) on the street?’
If the worst happened, and someone did decide to sue following you giving assistance in a medical or other emergency, the courts are guided by the Social Action, Responsibility and Heroism Act 2015. Also referred to as the Good Samaritan Act.
This means that if the court is considering a claim that a person was negligent or in breach of statutory duty, it must determine the steps that the person was required to take to meet a standard of care.
It must also consider whether the negligence or breach of statutory duty occurred when the person was acting for the benefit of society or any of its members, if they demonstrated a predominantly responsible approach to protecting the safety or other interests of others, and if they were acting heroically by intervening in an emergency to assist an individual in danger.
This means that if you’re acting within the limits of the training you have, in the best interests of the person in danger, then no court will support a conviction.
For instance, let’s say you’re trained in CPR, have to perform it in an emergency and sadly the person in cardiac arrest died. Should their family sue and claim that somehow you were negligent, you would be able to evidence your training in recognising a cardiac arrest and your ability to carry out CPR correctly. However, if you started to carry out procedures beyond your training level, (say using a biro to perform a tracheostomy, because you’d seen it done in the movies!!), then you would be on quite dodgy ground!
So, our advice is to have confidence in your training, take part in regular refreshers and then you’ll be ready for any emergency that comes your way.
If you’d like to book some training with the Red Square Medical team, to help you keep up to date, just get in touch
here,
and if you’d like to know more about the act, please use this link:
https://www.legislation.gov.uk/ukpga/2015/3/pdfs/ukpga_20150003_en.pdf