• FuglyDuck
    link
    English
    11 year ago

    This is for the US, other places may have differing laws, and I might be mistaken- and if so, please drop the relevant law. However, generally, the duty of rescue/care only comes from one of three sources:

    1. one caused the situation. If you hit a pedestrian while driving, you’re obligated to stop and provide reasonable care (which at a minimum means calling 911.)
    2. one has a special relationship. parents are obligated to provide care for their child. Cops and corrections officers are obligated to provide care for those in their custody. (doctor-client may get involved here.)
    3. you’ve already started providing care. once you start actually providing care or aid, you can’t stop.
    4. a statute creates such. This would be the bystander laws- none of them require more than calling 911. there’s only about ten states with them.

    (to my knowledge,) no state has any legal obligation to provide rescue or emergency care. Doctors and nurses may have ethical duties, but that’s between you and where ever you get your ethics from. not saying you shouldn’t… but the obligation isn’t from a legal standpoint. The purpose of GS laws aren’t to force a person to provide care- they were originally to protect doctors and nurses from medical malpractice lawsuits for trying to do a good thing. Theyv’e subsequently expaned to the general public. The reason those protections are necessary is that while not on-duty, the doctor isn’t generally being covered by their malpractice insurance- they would be personally liable, and lawsuits are expensive- even if you loose.

    And no, office emergency teams do not qualify as medical professionals*. They’re generally not medically licensed, generally lack advanced training, generally, their roll as an ERT-type is secondary to other job tasks, and generally are only obligated to act by their contract with their employers- not the law. Further, there is no legal obligation, even for medical professionals when off duty. Licensing bodies, employers and such like may impose ethical obligations to maintain their professional licensing, but those are not criminal law, and the consequences are not enforced by the state or federal legal code.

    *excepting people like school nurses, or doctors/nurses in prisons or whatever, who do happen to be licensed as a matter of their job title

    • bluGill
      link
      fedilink
      11 year ago

      It was 20 years ago, but then my training made sure to make it clear I was obliged to provide aid in the state I was in. I have no idea what the laws are.