Legal and Ethical Aspects of Providing Basic Life Support

Good Samaritan Law

The Good Samaritan Law is in place to protect a rescuer who has voluntarily helped a stranger in need from being sued for “wrongdoing.” In most of North America, you have no legal obligation to help a person in need, but since governments want to encourage people to help others, they pass Good Samaritan Laws. There are some stipulations with this law and certain guidelines you must follow.

First, remember, if they are unconscious, consent is implied. Consent means permission and the patient, if conscious, must give their permission to receive care. You do NOT need the victim’s permission to help them if they are unconscious. If it is a child who is underage, they are in a life threatening situation and the parent/guardian is nowhere to be found, consent is also implied. If they are of age and are conscious, however, you MUST get their permission to help them. If they deny your efforts for help, simply call 9-1-1 and the Emergency Medical Services will deal with them appropriately.

Second, you must be reasonably careful when caring for the victim or patient, and you must not provide care beyond your skill level. Example: A person is choking and you step in and perform the Heimlich maneuver. If the airway remains obstructed and the person becomes unconscious, you then begin CPR on that person…you DO NOT attempt a tracheotomy. Extreme example I agree, but you get the idea.

Third, you act in “good faith” (not for a reward).Do not except any gratuities. No matter how small, this person owes you nothing. When you save their life, you do it out of the kindness of your heart, NOT for a payoff.

Fourth, if you do decide to help, always remember that ONCE YOU START YOU CANNOT STOP!!!!! You are not allowed to stop once you start unless someone with equal or higher emergency training takes over, the emergency services arrive, you are in fear of your life (intense fatigue, lack of protective barrier devices, blood/other body fluids in area, danger/violence in area, etc.), or if the person has a DNR card.

DNR stands for Do Not Resuscitate. If you see a bright orange card that says DNR across the top, the words Do Not Resuscitate under them and a signature of the victim and the victim’s physician under that, please stop. IF YOU DO NOT SEE THE DNR CARD WITH YOUR OWN EYES…. DO NOT STOP!!!!!!!!! Also, do NOT look for the DNR cards in purses, pockets, wallets, etc.

Duty to Act

If you are a state-licensed healthcare provider, first responder or other professional rescuer trained and expected to give emergency medical care, including CPR, you almost certainly have a duty to act. However, BLS (Basic Life Support) performed voluntarily on a stranger in need while off-duty is generally considered a “Good Samaritan Act”.