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Chapter Five: Good Samaritan/First Responder Laws

Many people would consider the U.S. to be a "law-suit happy" country. For this reason, people are often apprehensive to help those in need because they are afraid that they will suffer some sort of legal penalty for providing assistance. Laws have been established to protect people who want to help others out from being sued if they are acting in an appropriate manner by using basic non-invasive techniques. There are two different types of laws important for you to know about. Good Samaritan Laws and First Responder Laws.

Good Samaritan Laws were developed for you, the Good Samaritan. Although the term dates back to biblical eras, the law tells us that you can help people out without legal penalty if you do so in such a manner that is not negligent and is noninvasive.

Problems With Laws - What Not To Do
What is meant by negligent? Negligent means that you go to help a person and then you leave in the middle of providing assistance with exceptions of safety reasons, etc... Your negligence must cause direct harm to the person in need. This is very hard to prove, however since the injury must be in direct relation to what was left undone. An example of this would be taking a person out of a car after a wreck and leaving them in the middle of the road in danger of being run over. In order to avoid these situations, be sure to use common sense and be careful.

Invasive techniques are medical procedures which penetrate the person's body. Starting an IV, performing surgery, using an ink pen to give a tracheotomy or giving emergency medications would be considered invasive for example.

First Responder Laws
First Responder Laws in contrast, are those laws that are designed for EMS personnel and/or other first responders that are part of an organization in charge of going to emergency calls. First Responders differ from Good Samaritans in that they are often paid for their activities and may be able to perform invasive skills. They are held to a higher standard than Good Samaritan. This standard is based on their practice or profession. There are different levels of responders which include: First Responders, EMT-Basics, EMT-Intermediates, EMT-Paramedics, and other healthcare professionals. When you call 9-1-1, these are the people who usually respond to your medical or traumatic emergency.

EMS Medical Professionals
EMS stands for "Emergency Medical Services." Briefly, we will describe the people in EMS you might encounter and what they do:

First Responders
First Responders are trained in First Aid. They have a pretty good understanding about basic anatomy and physiology. The course to become a first responder generally lasts from 40-80 hours depending on where and how it is taught. There are now national standards for First Responders so they are considered to fall under a more professional category legally.

EMT-Basics
EMT-Basics are trained extensively in basic life support to include oxygen administration, ambulance operations, anatomy, physiology, specific diseases and injuries, as well as pathophysiology. EMT-Basics often assist Paramedics with the performance of skills. They have a standard accrediting body nationally and at the state level. All levels of EMTs must refresh their certifications at 2 year intervals.

EMT-Intermediates
EMT-Intermediates are trained in basic and advanced life support. Their training is longer than EMT-Basics. There are currently two different kind of Intermediates. One with higher skills levels than the others.

EMT-Paramedics
EMT-Paramedics are trained in invasive techniques, medication administration, basic and advanced life support, etc… Their training usually includes EMT-Basic certification, extra medical and science classes, and experience prior to acceptance into a training program. Some states require Associates Degrees or Bachelors Degrees in order to practice as a paramedic.

It is important to know who these people are and what they do because they are the people you will be calling when you have an emergency or when you are rendering first aid to someone in need of assistance.


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