Not getting involved

[samuel23]

At a recent first aid seminar there was a very heated debate about the legal position of failing to provide assistance. We were told that it was possible to face charges if someone was hurt and, as registered first aid providers, we failed to help. Conversely we were also warned that if we provided treatment and it caused complications we were also at risk of charges. This led to two of the trainees leaving the course, as they felt that they were in a no win situation.
We were also advised that if, for example, we saw an accident such as someone getting knocked off their bycycle, we should not get involved other than to call for an ambulance as we could be prosecuted for assault.

Can anyone clarify please?
T.I.A.

[Gmcd01]

Very simply put:
If you are under a contractual duty or hold a position of office that requires you to act in the circumstances (e.g.: policeman) then you may be prosecuted (as I recall a case of a policeman). I'll be honest and say I don't know whether your job requirement falls into this category.
You can also be held liable for failing to act when under a duty of care: e.g.: parent/child, assumed carers/family members (I'm using examples from cases here)
In the everyday scenario, you are indeed correct in saying that you can walk by an accident and do nothing. You could even wave and watch a person drown if you're weird enough. The only exception to this scenario is if you, for example, pushed the person in- in which case you're under a duty to do what you can to improve the consequences of your actions- call police/coastguard, throw a lifebelt: it's situation dependent and a question of fact. Under the principles of medical law, every man has the right to judge what shall be done with his own body. If he's conscious, you could be sued by the injured for 'helping' him, however unfair this may be.

[black bunny]

I've been a first aider for many years. On recent refresher courses we are told that as long as we did not carry out any procedure that we had not been trained to do, we had nothing to fear about being sued. The typical example the trainer has given is attempting brain surgery on someone complaining of a headache.

I cannot imagine a victim of an accident sueing a bystander for doing nothing to help - what if there were several bystanders, who is he going to sue?

I also think that I would not stand by and do nothing if faced with an emergency - even if I was too traumatized to administer first aid, I would ring 999 or ask someone to do it.

[samuel23]

Thanks to you both for your replies.
Gmcd01 - As the 'responsible person' running a night shift in a factory, and also being the registered first aid provider, this puts me at the top of the list for attending any accident. Whilst (on a legal basis) everyone has a duty of care towards their work colleagues my role comes with the added complications of the new HSE laws regarding corporate responsibilities.

black bunny - an extreme example quoted by your trainers, but well illustrated. I agree with you and I would be hard pressed to walk by and not attempt to help someone that had been injured, however in this increasingly litigious society we live in it is a cause for concern. Point taken about being part of a group of onlookers doing nothing.

[hammerman]

I think as long as you are not totally negligent...eg give CPR when the person has cut his leg, no court in the land will prosecute you for fulfilling your moral obligation to help someone. I'm a qualified first aider and we've discussed this many times on the courses and it's always been decided that the job of the first aider is to provide first aid until the big boys get there.
I would never think twice about helping someone with first aid....then think of the consequences later.

[Hazel104]

I also wanted to add that Corporate Responsibility is aimed towards director and board level, not the persons carrying out the duties.

So you unless you are on the board and directly involved in making decisions on how the company manage health and safety this should not concern you.

[fredpuli47]

The common law position was neatly summarized by a humorous take on the ten commandments:

"Thou shalt not kill (but needst not strive
Officiously to keep alive}"

Some jurisdictions do make it a crime for a bystander not to help. Under French law, an able-bodied bystander who sees someone drowning may be prosecuted for not trying to save them.Such cases do occur there from time to time and the French don't seem to find anything odd about that law.