Monday, Dec 25, 2006 at 12:44
Hi John,
You are right. As soon as we clock on or identify ourself as a Paramedic there is an issue. It's a bit hard to explain why I even carry some of the stuff I carry in my firstaid kit when I travel by passing myself off as a firstaider. Then there's the other situation where you arrive at a scene where there are already 5 people trying to help who have a limited or no idea of what they are doing, and their actions are potentially going to put the patient at risk. If I want to gain scene control sometimes the only way to do so is to identify yourself.
A "good samaritan act" in the true sense of the term as I understand it is one that implies a need on any fellow man to assist someone in need, but protects them in the event that they do so. As such you are obligated to assist and can be criticised for refusing to assist. I could be wrong there.
As such in Victoria at least (I can't speak for the rest of the states) we don't have a "good samaritan act" as there is no obligation to assist. But should you choose to assist you are afforded as a voluntary first aider (Lev I, II or III) a degree of protection from the wrongs act. You are however expected to perform any treatment or assessment as would be reasonably expected of someone who has been taught that treatment or assessment, as there is an expectation that you should now know what not to do.
Even as an identified firstaider however you are afforded a further degree of protection in that there's no insurance company or employer to sue in the situation where you assist a patient on the footpath or road who you stumble across in your travels.
The whole lot goes out the window once as far as I've been advised, once you provide your
services as a first aider to an event or organisation where there are event coordinators and organisations to target.
For example, to have a few teachers at a sports day qualified as Level II First Aiders is fairly common practice. I not long ago ran the Level II course for a local school.
If a child is injured, treated and transported off to hospital (by
ambulance) for a broken arm and the teachers made the child comfortable, splinted and slinged the arm prior to
ambulance arrival and the child makes a full recovery there probably won't be an issue.
But what if the teachers did little more than pat the child on the hand and wait for the
ambulance to come, or walked the child across the oval to a
first aid tent and waited for the
ambulance to come without doing anything else. Not uncommon.
Later the child develops an infection at the site of the fracture and the bone isn't mending as it should - or the fracture was at the site of a growth plate and the arms growth is stunted.
Then the family talks to "We win you pay Legal Bastards Inc." and the lawyer says, hmmm
well the teacher who should have known better as a firstaider, and was the designated
first aid support for the event, didn't do their job.
Next thing the Education Department and potentially the teacher are in court defending their actions.
Same goes for a 4wd club first aider doing
first aid for the sanctioned club event.
It gets really ugly.
Worse still the organisation can apparently be negligent for failing to provide an appropriate level of care at an event. The two first aiders may be appropriate for the athletics day, but what of the 4wd or car club running an event where there lies the potential for a serious motor vehicle accident?
This is where paramedics and doctors who are prepared to pay for insurance & run their own businesses, and St Johns and my employer are making big $$ out of charging out their
services (& insurance) to clubs who can barely afford it to absolve them of their risk.
But if I go along as a volunteer and provide the same service - maybe even take the same equipment - I and the club or organisation suddenly become a litigants target.
Even if I go as a spectator and step in over first aiders I'm a target.
I can't by law carry or administer Penthrane - despite the fact that the St Johns First Aiders there may have it on hand I can't even use theirs unless I'm "on duty".
I approached my employer to ask permission to take a drug kit and some gear to the local 4wd clubs event a year or so back, as the club had had issues with St Johns cancelling at the last minute the previous year and without
first aid support they couldn't run the event. My employer declined even though I would have clocked on regardless of whether I had it or not and I got involved. There's no legal cover for me to carry the drugs off duty.
But a GP could go and carry and administer what ever he wants while "off duty", despite the fact that he may have done little but seen patients across a desk for many years. Now I'm not having a go at GP's or their ability here, they are far more widely qualified in medicine than I am. But speak to most if not all GP's and they will admit that in acute trauma in the field Paramedics are in their element, and many GP's find the situation very daunting & confronting of skills they haven't practiced for many years.
The drugs I'm talking about are even found in the RFDS kits on stations, and station staff & owners can be instructed in their use over the phone! Parents carry epipens of adrenaline for their children if they have a known anaphylactic history. The reason is that it will save their life in under 2 minutes.
There need to be controls over it, but that's not that hard. Christ if they can stock stations with it they can work out a way of recording whether a Paramedic is in possession of it. No smart individual is going to risk his job over 2 ampules of something like Penthrane or 6 of Adrenaline.
It's a huge can of worms, but it's not a good situation that you have over 2000 paramedics in the state, many of whom wouldn't be comfortable not assisting at a scene, who can't carry what they need to do that properly without breaking the law and risking their job & litigation.
Ironically, when in WA on the Canning it was easier to organise to carry more than that to support friends riding bikes down the Canning than it would have been to do the same thing in the state in which I am qualified.
Dave
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