Question about Good samaritan act

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sammy01

Well-Known Member
27 September 2015
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U'm, I worked in a factory once. I had a go at using a forklift. I don't recommend the untrained using one, especially when in a state of panic as mentioned above. The controls on these things are weird and you've got roughly a 50% chance of getting to wrong and doing more damage.

Or for fun. Care flight send their wonderful crew out in a single pilot plane. The pilot lands the plane BUT then becomes incapacitated shortly after... Do I try to fly the plane back to the place of origin with its two patients? What do you do Rod? fly the plane?

We're talking about sticking a fcuking knife into someone's throat here. Not a scaple. A swiss army knife at best.. On a conscious patient? Are you mad.

So my advice comes as someone trained as a first aid trainer and my answer was based on my recollection of what my trainer told me. DONT DO IT...
GENERAL FIRST AID PRINCIPLES - Vic First Aid
So rather than dealing with a silly moral rant (yep you Rod). This was a legal question.... Good news, nobody has ever been sucessfully sued under the 'good samaratain act'. But nobody has been stupid enough to attempt this, and if they did, they could be sued. YES.
Now just because NOBODY HAS BEEN SUCCESSFULLY SUED, doesn't mean there have not been unsuccessful attempts... Best avoided. Oh and according the the good samaratain act.
  1. Only providing care that they are trained to deliver
  2. Working to the best of their ability and with reasonable care
  3. Acting in good faith and in the best interests of the casualty
It is important that a First Aider does not attempt to provide care that is beyond their level of training.

BTW - scary BUT once someone loses consciousness and starts dying, they start to relax (well die). When this happens the normal process of CPR usually dis-lodges the blockage.
My mate works in the nsw call centre for the ambulance - Man the stories he has to tell. But when I asked him something similar he was emphatic. We tell them NO don't do it...
 

Rod

Lawyer
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27 May 2014
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I won't apologise for having or expressing morals, and they certainly aren't silly.

As for the legal answer, it varies depending on what State you are in, with Victoria, NSW, and QLD all having different laws.

Much better to be a good Samaritan in Vic.

And for others reading, the Good Samaritan law in Vic is limited to volunteers working in a community organisation, not the general public.
 

Docupedia

Well-Known Member
7 October 2020
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Rod, I understand (and agree) with your sentiment, but consider the following. I know your situations are hypotheticals, but consider:
- The wild dog scenario? The chances of shooting the hunter and not the dog are high. The hunter is a bigger body mass, and the dog is much more mobile and agile. Of the two, the dog is likely to be moving more. A person not trained in firearms will likely be (a) shaking, from adrenalin if nothing else, (b) hurried, from a perceived sense of urgency, (c) likely to jerk the trigger which causes inaccuracy. Sum all those up and even if they are capable of aiming directly at the dog they are not likely to hit their target as the slightest move in a rifle can dramatically change the trajectory. What’s the big object surrounding the dog? The hunter; hence the increased chance of shooting them by accident;
- The forklift scenario? They’ve got an estimated 10 minutes. A lot can happen in that time. Okay, they’re bleeding profusely. How do you know that if you remove what is pinning them that it isn’t stemming more bleeding that would cause them to bleed out immediately? There’s also the aspect of crush injuries (which takes significant time to become dangerous, but is it worth the risk?). If they are able to get free, how is the bleeding going to be stopped anyway?

Okay, all a bit long winded but relevant. An emergency tracheotomy. Where do you cut? How deep do you cut? Where’s the blockage? Where are the veins and arteries?

Wanting to help and being able to help are two different things. There are very good reasons why they don’t (a) teach these types of procedures in first aid, and (b) allow unlicensed people to do medical procedures. If it was worthwhile to be done by amateurs, they would include it in the performance and knowledge criteria for first aid assessment.

As I stated above, call for help from someone who can make the call. Follow their directions.