One of the most ridiculous excuses, in my opinion, for people to not perform CPR to try and save someone's life is, "I don't want to get sued." What some people don't know is there are laws in place that protect people who try to help others. We call these laws Good Samaritan Laws.In an effort to reduce bystanders' hesitation to help in an emergency for fear of being sued for unintentional injury. Good Samaritan Laws offer legal protection to people who give reasonable assistance to those who are injured, ill, or otherwise incapacitated.
Good Samaritan laws vary from jurisdiction to jurisdiction, as do their interactions with various other legal principles, such as consent, parental rights and the right to refuse treatment. Most such laws do not apply to medical professionals' or career emergency responders' on-the-job conduct, but some extend protection to professional rescuers when they are acting in a volunteer capacity.
California Civil Code 1714.2 states:
(a)In order to encourage citizens to participate in emergency medical services training programs and to render emergency medical services to fellow citizens, no person who has completed a basic cardiopulmonary resuscitation course which complies with the standards adopted by the American Heart Association or the American Red Cross for cardiopulmonary resuscitation and emergency cardiac care, and who, in good faith, renders emergency cardiopulmonary resuscitation at the scene of an emergency shall be liable for any civil damages as a result of any acts or omissions by such person rendering the emergency care.
(b)This section shall not be construed to grant immunity from civil damages to any person whose conduct in rendering such emergency care constitutes gross negligence.
In other words, if you have been trained in CPR to the standards of the American Heart Association or American Red Cross, you cannot be held liable, provided you stay within the scope of your training.
In terms of AED use, California Civil Code 1714.21 states:
(a)For purposes of this section, the following definitions shall apply:
(1)"AED" or "defibrillator" means an automated or automatic external defibrillator.
(2)"CPR" means cardiopulmonary resuscitation.
(b)Any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an AED at the scene of an emergency is not liable for any civil damages resulting from any acts or omissions in rendering the emergency care.
(c)A person or entity who provides CPR and AED training to a person who renders emergency care pursuant to subdivision (b) is not liable for any civil damages resulting from any acts or omissions of the person rendering the emergency care.
(d)A person or entity that acquires an AED for emergency use pursuant to this section is not liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED, if that person or entity has complied with subdivision (b) of Section 1797.196 of the Health and Safety Code.
(e)A physician who is involved with the placement of an AED and any person or entity responsible for the site where an AED is located is not liable for any civil damages resulting from any acts or omissions of a person who renders emergency care pursuant to subdivision (b), if that physician, person, or entity has complied with all of the requirements of Section 1797.196 of the Health and Safety Code that apply to that physician, person, or entity.
(f)The protections specified in this section do not apply in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED.
In other words, any person who uses an AED in an emergency cannot be held liable. It also says that business that provides an AED for use cannot be held liable, provided they follow the applicable rules. Also, a physician acting as oversight in the use of the AED cannot be held liable.
It would seem, there are no more excuses for helping someone who needs it in an emergency. So get certified in CPR and AED so you can be a Good Samaritan and help save someone's life.
