Law & Legal & Attorney Health Law

CPR Laws

    History

    • Common law imposes no duty to assist another person. There are special relationships that create a duty to act if someone is in need. Under common law, however, once someone attempts to provide assistance, this voluntary assumption of duty could potentially make them liable for any action that left the victim worse off than before, including the prevention of help from other potential sources.

    Good Samaritans

    • Though it is not common for rescuers to be sued by people they were trying to help, it is not unheard of. Most states have enacted "good Samaritan" laws to protect medical first responders and other rescuers who act in good faith to help someone. Administering CPR (cardiopulmonary resuscitation) is typically covered by these laws. Check the laws of your state, however, for details (see References, below).

    Risks

    • It is possible to injure someone while performing CPR if the procedure is done incorrectly. Up to 30 percent of cardiac arrest victims who receive CPR suffer a broken rib. This is preferable to death, but nonetheless, good Samaritan laws, where in place, protect most rescuers who administer CPR, even if the process leads to some collateral injuries.

    Exceptions

    • Good Samaritan laws do not protect all rescuers who act at the scene of an emergency. Most have at least three conditions. The victim must not object to receiving CPR, the rescuer must be acting voluntarily and must be making a good-faith effort to help. Good Samaritan laws do not protect those who have a duty to act, including parents, employers or those who created the conditions in which the injury or accident occurred. Good Samaritan laws will not protect those who act in a malicious or reckless manner, and some also do not protect anyone grossly negligent in the rescue attempt.

    Gratuitous Action

    • Some states specifically stipulate that good Samaritan laws only apply to those administering CPR or other aid gratuitously without expectation of payment or recompense. In some states, the scene of an emergency is extended to include a hospital emergency room, but medical professionals are not exempted by good Samaritan laws for medical malpractice or acts deviating from accepted medical standards.

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