Can I be sued for providing First Aid or CPR?
If you follow me on my social platforms, you may have seen my recent post titled “three reasons I’ve been told for not wanting to learn CPR”.
However, one of the most common thoughts that people experience in the moment of an emergency is - will I be sued? This is often a hot topic of conversation on training courses, as well as our public and community CPR training sessions.
People can be filled with worry about doing things wrong, and as a result they may be fearful or hesitant in the moment. This is a completely natural feeling and thought process. Doing nothing is always worse than doing something. For example, if you do nothing during a cardiac arrest the person will most certainly die. Performing CPR will increase the person’s chances of survival.
There are a range of situations that you may be faced with where it would be necessary for the safety of others to intervene, particularly in an emergency. In this instance you would find yourself taking a responsible approach toward the care of others. However, one thing that may worry people when it comes to carrying out CPR or first aid is the consequences that they could face in the event of something going wrong, or the outcome not being as intended. People may wonder if they could you be sued by the casualty or their family?
It’s important to note here that this blog has not been written by a legal professional, and information within it has been gathered by research of the current evidence base and available publications in the associated field.
Has anyone to date in the UK been successfully sued for providing first aid to someone in need? - The answer is ‘No’
Could a legal claim be brought against a rescuer who has helped someone in an emergency? - The answer is ‘Yes’ , but it is very unlikely.
Could a case be brought against someone who does not help a casualty who is injured? - The answer is ‘Yes’ , particularly if they were the cause of those injuries
In the UK, there are no statutory laws specifically related to First Aid and CPR. However, there are Acts and other elements common law which can be applied to situations where emergency treatment needs to be given.
Social Action Responsibility And Heroism Act 2015 (SARAH)
This Act is in place to offer reassurance, in association with common laws, to bystanders and trained responders - as long as they have acted responsibly and heroically.
If a case were made against someone, the Act means that courts must take into account whether the individual was acting for the benefit of society (social action), had generally behaved responsibly in protecting the safety of others, or was acting heroically by intervening in an emergency to help someone in danger.
The Act does not prevent legal action or provide immunity from liability; instead, it ensures that these factors are considered alongside all other relevant circumstances when determining negligence. “For a person to be found negligent or in breach of such a statutory duty the court must be satisfied that he or she owed the injured party a duty of care and that his or her conduct fell short of the applicable standard of care.” (heartbeat.org.uk).
Other terminology that can be applied to first aid situations.
Duty of Care
First aiders have received training, and are in place to provide first aid, for example, in their workplace. As a result, they have a duty of care to provide first aid in line with the training they have received.
Bystanders, may be untrained members of the public, who help another person who is unwell or injured. Bystanders have no legal obligation to offer assistance to another member of the public (unless responsible for the cause of the injuries). Duty of care is assumed if first aid or assistance is given, subsequently accepting responsibility for the treatment they give.
A healthcare professional has a professional duty of care and responsibility for patient’s and service users within their care. If a healthcare professional is not on duty, they do not necessarily have a legal responsibility, but the do have a professional duty of care to respond to an incident in the public setting.
See an example here:
Royal College of Nursing - Duty of Care
Negligence
You will only be liable for any damages caused to a casualty if you give first aid and act negligently. That is to say that if the casualty suffers an injury that they would not have otherwise, you could be liable if your treatment is deemed to have been negligent.
First Aiders could be deemed to be negligent if they carried out treatment or an intervention that was outside of their training, scope of practise or not in line with current evidence, e.g. because their training was out of date.
Laypeople or bystanders could be deemed to be negligent if they performed an act that a reasonable person in their position would not have done in the same situation
Consent
Consent is a term, normally associate with medical, healthcare, dental and social care professionals, before they provide treatment to a patient of service user.
First Aiders should always gain consent when helping a casualty. Implied consent, is where a casualty may give a non verbal sign that someone can assist them, such as showing the injured limb, or uncovering a hand to show the cut. Casualties who are unconscious are not able to give consent. However, intervention and treatment is considered lawful especially when applied in their best interests, i.e. that is necessary for the purpose of saving their life.
Final Thoughts:
The likelihood of doing anything wrong is small, and rescuers should always prioritise life saving interventions over concerns around doing the wrong thing. The chances of doing something incorrectly are minimal.
Call for help early (999) - the call handler will be able to talk you through what to do
Use the speakerphone function on your mobile during the call.
AEDs have visual and voice prompts. Turn it on and follow the instructions. The call handler will also help you.
First Aiders must always work within the scope of their training and use equipment they have been trained to do so.
Doing nothing is always the worse option. If you do something, the person’s chances of survival will increase.
Here at Anglia CPR we would always recommend having first aid or CPR training so that you are confident in what to do. We have a range of courses suitable for all needs, interests and settings.
References.
https://www.gov.uk/government/collections/social-action-responsibility-and-heroism-bill
https://www.communityheartbeat.org.uk/governance/sarah-act-2015-legal-issues
Cardiopulmonary resuscitation, automated defibrillators and the law