By Dioxin01 - 15/09/2010 20:55 - Canada
Dioxin01 tells us more.
Hey everyone, This happened while I was driving in the United States. Also if I hadn't helped him, there would be no chance of him being alive today.
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in the US you would be protected by good Samaritan laws unless you did something retarded (ex: tried to trach someone because you saw it on house). I would be surprised if canada did not have similar laws.
Sadly, I know people who "learned [medical diagnosis, test, symptoms etc.] it on House." Thankfully, they don't include actual procedures on that list... yet.
Good Samaritan law, so he can shove it up his ass. then counter sue him for wasting your goddamn time.
what a greedy asshole
As long as you were acting in good faith and did your best to help, you are protected by the Good Samaritan laws. It sucks he is suing you but at least you don't have to fear he will win. Get a lawyer and countersue for all court costs.
How does one "practically save" someone else's life?
Because the OP likely *didn't* save the person's life, but wants to be seen as being unfairly targeted. See my post below for the reasons why.
can't counter sue per say but it is a defense
good Samaritan law. look it up.
to 12. good Samaritan laws protect people performing CPR as long as they are nit attempting anything outside of the cope of their training (ie don't try CPR if you haven't been trained in it). Also, if you are cracking someones ribs while doing CPR you are doing it wrong since you should be putting pressure on their chest not ribs. the sound people usually mistake for cracking rid is actually produced by the sternum which is made of cartilidge. just fyi
As a medical professional who has been in over a dozen codes, I call bullshit on this. Rib breaking is actually quite common ESPECIALLY if you're doing it properly in elderly adults, otherwise you don't go down far enough to cause perfusion.
rib breaking should NOT be quite common if the CPR is being performed correctly. if you are performing compressions with correct force and in the correct area it should be extremely difficult for a rib to break. the point of CPR is to compress the sternum to manually pump the heart (or lungs if it's a drowning victim). if you are performing compressions too low you might break a rib which could possibly perforate a vital organ and make the situation even worse. remind me not to get sick where you are from.
were you agreeing with me or were you so confused as to what I wrote that you wasted time writing a counter argument making the exact same points I did?
HE'LL NEVER WIN. YOU KNOW WHY?? BECAUSE OF THE GOOD SAMARITAN LAWS. =) He's trying to sue you for negligence, right? To prove negligence, he'll have to prove that you had a duty to act, breached that duty, provided crappy care that you knew was crappy, and the patient suffered for it, and he has to prove ALL FOUR of those elements in order to win his case. You had no duty to act, unless you're a health care provider, so the first two don't count at all. Also, you acted within his best interests in removing him from the car and did not realize that what you were doing might have hurt his back, therefore the third one is out. Since he cannot prove all four elements, he cannot prove negligence. You'll be fine. How do I know all this? I'm an EMT. =)
If the respondent did not have a duty to act, but did so in a careless or dangerous manner, then the respondent is responsible for damages. This fellow needs a lawyer. Good Samaritan laws do not absolve respondents of all repercussions, nor should they. Unfortunately, the large majority of these cases, especially the "back problems" cases, are bs. I'd start looking into this fella's sports and work histories and the actual events at the scene, as well as the consequences of inaction.
Yes, but, in his case he didn't act in a careless manner. All he did was remove the victim from the car, which was what he believed to be in the vic's best interests. I'm not saying go ahead and remove everyone you see from their cars, but I am saying in this case, he did what he believed was right. In the future, OP, I would call EMS and wait for them to arrive. What you can do when you find someone unconscious in their car would be to open their airway.
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Wow, whatta bastard. Tell him to go **** himself.
counter sue. Good Samaritan law.