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Be careful who you save
Posted: December 18th, 2008, 4:05 pm
by pastorables
Be careful who you save!
AP wrote:
Calif. Court: Would-be Good Samaritan can be sued
By PAUL ELIAS
Associated Press Writer
LOS ANGELES (AP) -- Proving that no good deed goes unpunished, the state's high court on Thursday said a would-be Good Samaritan accused of rendering her friend paraplegic by pulling her from a wrecked car "like a rag doll" can be sued.
California's Supreme Court ruled that the state's Good Samaritan law only protects people from liability if the are administering emergency medical care, and that Lisa Torti's attempted rescue of her friend didn't qualify.
Justice Carlos Moreno wrote for a unanimous court that a person is not obligated to come to someone's aid.
"If, however, a person elects to come to someone's aid, he or she has a duty to exercise due care," he wrote.
Torti had argued that she should still be protected from a lawsuit because she was giving "medical care" when she pulled her friend from a car wreck.
Alexandra Van Horn was in the front passenger seat of a car that slammed into a light pole at 45 mph on Nov. 1, 2004, according to her negligence lawsuit.
Torti was a passenger in a car that was following behind the vehicle and stopped after the crash. Torti said when she came across the wreck she feared the car was going to explode and pulled Van Horn out. Van Horn testified that Torti pulled her out of the wreckage "like a rag doll." Van Horn blamed her friend for her paralysis.
Whether Torti is ultimately liable is still to be determined, but Van Horn's lawsuit can go forward, the Supreme Court ruled.
Posted: December 18th, 2008, 4:09 pm
by Poimen
Woah
And just think, what if she had done nothing and the friend had died?
Posted: December 18th, 2008, 5:05 pm
by JanB
If the lady felt the need to sue someone, she should be suing the driver that slammed the vehicle into the utility pole. Oh, they probably had no insurance. Our insurance agent told us that approximately only 1 out of 10 in our county have insurance on their vehicle. It's scary to be out driving.
Posted: December 18th, 2008, 6:41 pm
by Full Quiver
Did it say her FRIEND?
Doesn't sound like a friend.
Posted: December 19th, 2008, 4:08 am
by jessicacook
I remember when I was in high school in an Allied Health class, we talked about nurses and how they were obligated to stop for a wreck (I believe they could even be sued for NOT stopping if proven they saw it and didn't stop...correct me if I'm wrong) but had to be careful because they could be sued if they did anything and resulted in paralysis. You really don't know what to do. You would THINK the "friend" would be grateful she is even alive (thanks to her friend!).
Posted: December 19th, 2008, 4:09 am
by jessicacook
It's going to get to a point that you are afraid to help anybody!
Just so you know
Posted: December 19th, 2008, 4:41 am
by Wes
It's a sad day when a friend sues another friend for trying to help. But just so you know, in most vehicle accidents, the odds of the vehicle exploding is slim to none. If you come across a vehicular accident with frontal damage and it's smoking, no need to panic, it's probably just the radiator. The best way to help out is to inform those involved in the accident to remain still and call 911. They could have life threatening injuries and by moving them you could make it worse. I was a fireman for 8 1/2 years in Pearl, MS. We have a major interstate running through our city where we worked a lot of wrecks. During that time, I never saw a car explode, however I have seen a large number of people sustain spinal injuries from a crash. So if you're ever in that situation the best thing to do is play the odds and leave the extraction to the professionals.
Posted: December 19th, 2008, 6:10 am
by one love
Full Quiver wrote:Did it say her FRIEND?
Doesn't sound like a friend.
FQ I was thinking the same thing
Be careful who you save.
Posted: December 19th, 2008, 6:17 am
by Dr. Ron
You are obligated to stop and render whatever ability you have up to the point of your training.
You MUST not try to go beyond that.....nor less than that. That is the law here in TN. I hear lots of stories about dr. and nurses who stop.....make sure the person is as safe as possible and leave. The try to give lifesaving assistance then move on without anyone knowing who they are.
As for moving someone in as accident, don't ever do that unless the vehicle is about to catch fire.....leave that to the parameds.
I have worked a lot of those kinds of situations......not pretty.....and far too many doas.