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Bet she has changed her mind now

Discussion in 'The Pub' at netrider.net.au started by [Freddy], Feb 20, 2009.

  1. This women wants to sue for first aid treatment.

    See http://www.news.com.au/heraldsun/story/0,27574,25080336-2862,00.html

    She has taken down her KidFit website and facebook page but you can still see the cached version of KidFit, her mobile phone and all.

    Some people.
  2. Dunno but it does say they have had to have several operations after it?

    You know that the volunteers only need to have the basic first aid certificate to participate.
  3. Will never succeed.
  4. There are laws in place to protect first aiders. You can never be prosecuted for administering first aid even if you make things worse. You can be prosecuted for not administering first aid if someone needs it.

    These rules are in place to protect first aiders and encourage people to help.

    She doesn't have a hope.
  5. It is very important for life-savers to remember - and it has been drilled in during many of the first-aid courses that I've done - to not attempt to help when you are not confident that they can indeed help, especially when it can make the situation worse.

    Having said this....
    A HUGE pat on the back to all the volunteers who take their time to help others!!!!
    They are a big inspiration and the unsung heroes.
  6. Close but not quite.

    There are laws to protect people acting in good faith, as long as they do not administer treatment beyond their capability or qualifications. If a first aid provider attempts a procedure beyond thier qualifications and stuffs it up they most certainly can be sued for it.

    There is no legal obligation to provide first aid to anyone unless you have a "duty of care" to that person. You always have the right to say and do nothing. However if you do begin to administer first aid, a "duty of care" is established so you must contilue to do so until it is no longer required or someone else relieves you.

    It is possible that simply asking "Are you ok?" could establish a "duty of care" so it is also possible that providing assistance becomes an obligation from that point.... Do remember however that it is an offense to provide assistance to a person without their consent. If they say "no" then your obligation no longer exists..... If the person is unconcious, it must be assumed that they consent to assistance. :)
  7. if it gets before a jury they will toss it out.
  8. I was rope-able when I read this. This is a low act. I can't believe that her lawyers felt it was a case worth pursuing. :evil:
  9. Fair comment - thanks for clarifying.
  10. Selective quoting FTW.
  11. They don't feel anything ... they're just after the money - hers!

    If she's silly enough to think that she'll win, which she won't,
    does anyone think her lawyers are going to tell her this when there's $s to be made??
  12. S&G are contingency fee lawyers. If they feel that the case has merit then they'll go on a "no win, no fee" basis, knowing that they stand a chance of winning.

    Now, when this woman was initially injured, had she not received first aid, would she have recovered? That's the question that they'll be asking. Did she tell the first aiders to leave her alone?

    There are those who suggest that a "duty of care" is owed by first aiders and that they can be sued if something goes wrong. At least, that's how I'm reading it.

    When we do our Level 3 refreshers every 2 years (RAV is our training provider), this question always comes up, and is discussed at length.

    There are "good samaritan" laws in effect here in Vic that protect first aiders from being sued or charged. If you start to administer first aid then stop, deciding that it's beyond you, then that's fine. Of course, if you're tending to a patient who has a sprained ankle and start a tracheotomy then you could be in trouble...

    Certainly, this case will be watched by all 1st aid training providers as well as anyone that has an interest in the area, particularly OH&S.
  13. Who'd you say the silly one was?

  14. That's the thanks ya get for helping someone out? :roll:
    Hope it gets thrown out of court!
  15. If she wins this in a jury trial it will open a messy can of worms as far as first aid goes. People may be less inclined to put their hands up for fear of losing their house should something go wrong.
  16. i hope to god you're not a first-aider.

    Seany you're on the money. not much more to add to that :)
  17. Geez that's harsh Nibs :?
  18. Its unfortunatly true... This kind of stuff does happen to people who are only trying to help others.

    My fiancee is a qualified registered nurse, been doing it for around 10 years. Our next door neighbours with there 4 kids always ask her about any injurys they may have and wether or not to take them to hospital.

    About 2 months ago, the fiancee simply turned around to them and said, " Look, I don't mind helping you out, but if I say or do something wrong outside of work, then you can sue me and effectivly ruin my life and career" Luckly for us they understood where she was comming from.

    But its become so freaking pathetic, she knows almost as much as a Doctor. Yet, before helping others can only usually offer advise of "Go see your local GP or go to the Emergancy Ward", unless its life threatening, then she goes the full hog...

    Most people are extreamly thankfull that they recieved help, then there are the other 20% who just biatch about everything that went wrong, even tho someone may have saved there life.
  19. Talking to nurses in general and in my experiences you get the feeling that some doctors don't really know shit, you'd be better off get information from a nurse instead.
  20. How much exposure have you had to the medical profession that makes you say that?