Good Samaritan

**sobeit** · 12-19-2008, 05:44 PM

"The California Supreme Court ruled Thursday that a young woman who pulled a co-worker from a crashed vehicle isn't immune from civil liability because the care she rendered wasn't medical."

http://www.latimes.com/news/local/la...,4033454.story

what makes the ruling bad is in most states you can be arrested for not stopping and rendering aid.

So what would you do?

**simpswr** · 12-19-2008, 06:03 PM

Coup de grâce ? ? ?

**Drew1369** · 12-21-2008, 06:07 PM

I guess the old say thank you when someone saves your life no longer applies... unbelievable... and people say corporations own the US... I say its lawyers

**dm01** · 12-22-2008, 03:29 AM

That's weak. Of course first aid is not medical treatment. Medical treatment as defined by law is "any and all care given by or under the direction, supervision, and/or training of a licensed physician." Your typical person does not fulfill the requirement.

Paramedics give what is called "intermediate medical" or "secondary" care. Since they work under the direction of a physician, they are medical staff.

**WereBo** · 12-22-2008, 05:17 AM

It certainly follows the old joke about "No good deed goes unpunished" - It says a lot about 'society' when jokes become reality

**l_b_rex** · 12-22-2008, 06:34 AM

I have read all about this and the lawsuit was because the "hero" basically ripped her body out of the car. I understand the guy was concerned that the car might catch on fire but if the loss of all legs and arms is directly caused by his carelessness than I agree with the suit, but only if the crash victim verbally told him to leave her alone. If it was me helping and I had to yank on a body so hard that they became a quadropelydik (dont correct my spelling), than I am an idiot for ripping that person out.

No fire, no ripping them out.

The idea of him helping is over shadowing the fact that he was a moron that didn't use common sense and is gonn lose the court trial and should assuming either that lady told him to leave her in there or he was aware that he was ripping her out without concern of her health.

Sorry guys. At first thought I agreed that it was rediculous but when you imagine yourself in that situation you realize that he tried to do a good deed but was extremely careless.

I know I will get an ear full from you guys but that guy is dumb.

**Cathy95820** · 12-22-2008, 10:30 AM

Leave it to California.....sorry everyone As that saying goes...no good deed goes unpunished

**Jtsou** · 12-25-2008, 06:27 AM

Hmph....Californians.....

Yea in NC you can be tried if you dont stop and give care.

**WereBo** · 12-25-2008, 07:20 AM

Quote:

Originally Posted by l_b_rex

. . . . . . . . .

I know I will get an ear full from you guys but that guy is dumb.

I agree wholeheartedly with you, in this instance LB. Even without any form of medical training, common-sense should warn not to just drag a body, limp or struggling, like an old sack - they were operating in 'Panic-Mode'.

They should be punished, but with compassion too - perhaps a fine/compensation, within their means of paying off, and a compulsory training course in 'First Aid' or something.

The sad part is that it can set a dangerous precedent, unless every case is merited individually

**l_b_rex** · 12-27-2008, 12:58 AM

I wonder what woulda happened if he accidently killed her. It is a terrible situation for both parties. Isn't it illegal not to try to help? Either way it is a sad time for both of them.

**sobeit** · 12-27-2008, 01:04 AM

Quote:

Originally Posted by WereBo

I agree wholeheartedly with you, in this instance LB. Even without any form of medical training, common-sense should warn not to just drag a body, limp or struggling, like an old sack - they were operating in 'Panic-Mode'.

[/IMG]

well, if the person was left in place and the car caught fire, then the family would have sued

Maybe she did not have training but gas was leaking and she felt there was a good chance of a fire. Most state laws say that if there is a reasonable possibility of a fire, then the person can be moved.

**WereBo** · 12-27-2008, 05:55 AM

I must admit, I'd hate to be a jury-member on that case

Mcninjaguy · 12-27-2008, 03:33 PM

I just hope that the decisions they do make are for the really reckless people.

Tumbleweed36 · 12-27-2008, 04:04 PM

Aha, good old Indiana...we have a good samaritan law here that prevents you from being sued if you act in good faith to assist.

Mcninjaguy · 12-28-2008, 11:24 AM

stupid lawyers

sinclair_tm · 12-28-2008, 07:49 PM

As my brother says, this is total BS. Remind me to never live or visit in Cali.

**40sondacurb** · 12-30-2008, 10:15 PM

Here is where I get confused, say you are a medical professional, but not licensed to work unless under a doctor,

can you still assist?

What defines a medical professional? Someone with a first aid license? Or should I have an EMS license?

Quote:

Originally Posted by sinclair_tm

As my brother says, this is total BS. Remind me to never live or visit in Cali.

The skiing, surfing, night clubs, food, terrific weather, and the only university system in the US to receive a passing grade in affordability comes at the price of a meddling judicial branch.

yustr · 12-31-2008, 10:05 AM

[quote=WereBo;1876795]...Even without any form of medical training, common-sense should warn not to just drag a body, limp or struggling, like an old sack - they were operating in 'Panic-Mode'. ...QUOTE]

They'd been out clubing for Halloween...sounds like alcohol was involved.

Mcninjaguy · 01-03-2009, 10:07 PM

like I said I hope only really reckless people are charged

12-19-2008, 05:44 PM	#1 (permalink)
sobeit TSF Enthusiast Join Date: Nov 2007 Location: NEAR Posts: 7,433 OS: windows/linux	Good Samaritan "The California Supreme Court ruled Thursday that a young woman who pulled a co-worker from a crashed vehicle isn't immune from civil liability because the care she rendered wasn't medical." http://www.latimes.com/news/local/la...,4033454.story what makes the ruling bad is in most states you can be arrested for not stopping and rendering aid. So what would you do? __________________ there's been global warming since the ice age

12-19-2008, 06:03 PM	#2 (permalink)
simpswr Moderator Hardware Team Join Date: May 2007 Location: Houston, Texas Posts: 12,253 OS: XP, Vista, Win 7	Re: Good Samaritan Coup de grâce ? ? ? __________________ Rich MemTest86 \| BenchTest \| Virus/Trojan/Spyware Help How to post a Screen Shot \| PC running slow?

12-21-2008, 06:07 PM	#3 (permalink)
Drew1369 Moderator Relaxation Room Join Date: Jan 2007 Location: Seattle, WA, USA Posts: 3,429 OS: Win7 Ultimate	Re: Good Samaritan I guess the old say thank you when someone saves your life no longer applies... unbelievable... and people say corporations own the US... I say its lawyers __________________ We humans have a primal urge to kill because, thanks to natural selection, all the homo sapiens who didn't have a primal urge to kill, were themselves killed. http://obamaclock.org/

12-22-2008, 03:29 AM	#4 (permalink)
dm01 Moderator: Design Join Date: Oct 2006 Location: Richmond, B.C.; Canada Posts: 1,453 OS: Windows XP [Version 5.1.2600] SP3 \| Ubuntu Jaunty Jackalope \| Windows 7 BETA My System	Re: Good Samaritan That's weak. Of course first aid is not medical treatment. Medical treatment as defined by law is "any and all care given by or under the direction, supervision, and/or training of a licensed physician." Your typical person does not fulfill the requirement. Paramedics give what is called "intermediate medical" or "secondary" care. Since they work under the direction of a physician, they are medical staff. __________________ Validate your Markup Validate your CSS Notepad++ Please use [html], [php], and [code] when posting code or markup. I do not help by Private Message or e-mail. If for some reason I have over-looked a reply to a thread that I have previously replied to, then send me a message.

12-22-2008, 05:17 AM	#5 (permalink)
WereBo Resident Village Idiot Join Date: Apr 2008 Location: SE London, UK Posts: 14,475 OS: Win-7, XP-Pro SP3 My System	Re: Good Samaritan It certainly follows the old joke about "No good deed goes unpunished" - It says a lot about 'society' when jokes become reality __________________ I shall meet all of my deadlines directly in proportion to the amount of bodily injury I could expect to receive from missing them.

12-22-2008, 06:34 AM	#6 (permalink)
l_b_rex The almighty Dr.Tran! Join Date: Jun 2007 Posts: 1,105 OS: Vista Home Premium 32 bit	Re: Good Samaritan I have read all about this and the lawsuit was because the "hero" basically ripped her body out of the car. I understand the guy was concerned that the car might catch on fire but if the loss of all legs and arms is directly caused by his carelessness than I agree with the suit, but only if the crash victim verbally told him to leave her alone. If it was me helping and I had to yank on a body so hard that they became a quadropelydik (dont correct my spelling), than I am an idiot for ripping that person out. No fire, no ripping them out. The idea of him helping is over shadowing the fact that he was a moron that didn't use common sense and is gonn lose the court trial and should assuming either that lady told him to leave her in there or he was aware that he was ripping her out without concern of her health. Sorry guys. At first thought I agreed that it was rediculous but when you imagine yourself in that situation you realize that he tried to do a good deed but was extremely careless. I know I will get an ear full from you guys but that guy is dumb.

12-22-2008, 10:30 AM	#7 (permalink)
Cathy95820 TSF Enthusiast Join Date: Dec 2007 Location: Sacramento, CA Posts: 2,368 OS: Windows XP Svs.Pk 3	Re: Good Samaritan Leave it to California.....sorry everyone As that saying goes...no good deed goes unpunished

12-25-2008, 06:27 AM	#8 (permalink)
Jtsou Hardware Specialist Join Date: Jul 2007 Location: Louisburg, NC Posts: 1,214 OS: Vista Home Premium SP1 My System	Re: Good Samaritan Hmph....Californians..... Yea in NC you can be tried if you dont stop and give care. __________________ CPU-Z-----GPU-Z-----CoreTemp-----Speedfan

12-27-2008, 12:58 AM	#10 (permalink)
l_b_rex The almighty Dr.Tran! Join Date: Jun 2007 Posts: 1,105 OS: Vista Home Premium 32 bit	Re: Good Samaritan I wonder what woulda happened if he accidently killed her. It is a terrible situation for both parties. Isn't it illegal not to try to help? Either way it is a sad time for both of them.

12-27-2008, 05:55 AM	#12 (permalink)
WereBo Resident Village Idiot Join Date: Apr 2008 Location: SE London, UK Posts: 14,475 OS: Win-7, XP-Pro SP3 My System	Re: Good Samaritan I must admit, I'd hate to be a jury-member on that case __________________ I shall meet all of my deadlines directly in proportion to the amount of bodily injury I could expect to receive from missing them.

12-27-2008, 03:33 PM	#13 (permalink)
Mcninjaguy Temporarily Banned Join Date: Jun 2008 Location: Ottawa, Ontario, Canada Posts: 10,422 OS: Windows 7 Ultimate 64bit My System Blog Entries: 1	Re: Good Samaritan I just hope that the decisions they do make are for the really reckless people.

12-27-2008, 04:04 PM	#14 (permalink)
Tumbleweed36 Asst Manager Hardware Join Date: May 2005 Location: USA Posts: 19,657 OS: XP Professional	Re: Good Samaritan Aha, good old Indiana...we have a good samaritan law here that prevents you from being sued if you act in good faith to assist. __________________ ---------- I don't receive email notifications of replies to subscribed threads. (Internet provider policy) Therefore, if I don't respond to your post within 24 hours, please send me a reminder PM and include the link to your thread.

12-28-2008, 11:24 AM	#15 (permalink)
Mcninjaguy Temporarily Banned Join Date: Jun 2008 Location: Ottawa, Ontario, Canada Posts: 10,422 OS: Windows 7 Ultimate 64bit My System Blog Entries: 1	Re: Good Samaritan stupid lawyers

12-31-2008, 10:05 AM	#18 (permalink)
yustr Asst. Manager, The Conversation Pit Join Date: Sep 2004 Location: Connecticut shore Posts: 6,050 OS: XP Pro My System	Re: Good Samaritan [quote=WereBo;1876795]...Even without any form of medical training, common-sense should warn not to just drag a body, limp or struggling, like an old sack - they were operating in 'Panic-Mode'. ...QUOTE] They'd been out clubing for Halloween...sounds like alcohol was involved. __________________ If there are lawyers or politicians involved, logic may be a very poor tool for reaching a conclusion.

01-03-2009, 10:07 PM	#19 (permalink)
Mcninjaguy Temporarily Banned Join Date: Jun 2008 Location: Ottawa, Ontario, Canada Posts: 10,422 OS: Windows 7 Ultimate 64bit My System Blog Entries: 1	Re: Good Samaritan like I said I hope only really reckless people are charged