Legal & Standards aspects of First Aid

First Aid & Law

INDIAN GOOD SAMARITAN PROTECTION GUIDELINES A Good Samaritan in legal terms refers to “someone who renders aid in an emergency to an injured person on a voluntary basis”. The Ministry of Road Transport and Highways has published the Indian Good Samaritan and Bystanders Protection Guidelines in The Gazette of India in May 2015 (Notification No 25035/101/2014-RS dated 12 May 2015). The guidelines are to be followed by hospitals, police and other authorities for the protection of Good Samaritans. Following guidelines are included (sub-selection of the guidelines):

1. A bystander or Good Samaritan, including an eyewitness of a road accident may take an injured to the nearest hospital and should be allowed to leave immediately. The eyewitness has to provide his address. No questions are to be asked.

2. The bystander or Good Samaritan shall not be liable for any civil and criminal liability.

3. A bystander or Good Samaritan who makes a phone call to inform the police or emergency services for the person lying injured on the road cannot be compelled to give his name or personal details on the phone or in person. The disclosure of contact details of the Good Samaritan is to be voluntary.

4. The lack of response by a (medical) doctor in an emergency pertaining to road accidents (where he is expected to provide care) shall constitute ‘Professional Misconduct’.

A.2.2 DUTY OF GIVING CARE Usually, if a volunteer comes to the aid of an injured or sick person who is a stranger, the person giving the aid owes the stranger a duty of being reasonably careful. In relation to the “duty of giving care”, there is currently (2015) no legal obligation for first aiders to provide first aid in a general public context, not unless it’s part of a job description. First aid officers in workplaces and school teachers have a duty of care. Once a first aider begins to provide first aid, a duty of care is established and the first aider then has an obligation to fulfil the duty of care. If a road user is involved in an accident, there is a legal requirement to stay at the scene, assist the injured and report the incident to the police. Not fulfilling a duty of giving care leaves the first aider open to questions of negligence.

Whilst there is no law that forces anyone to treat a casualty this does not mean that one can simply leave a casualty who you know is in danger. To do so may make you liable through your omission to act. If you are not happy to provide first aid there are several things you can and should do including (but not limited to):
inform someone else, such as the police or the emergency services;
make the area around the casualty safe for yourself, others and the casualty;
monitor the casualty and/or find out what happened; and
comfort the casualty. 

Consent of the person in need

A conscious person has the right to either refuse or accept care. If the person is conscious, you must ask for his consent before commencing any first aid. If he refuses your help, stay nearby and call the police and emergency services, who can then deal with the situation. If the person is under 18, it is best to obtain consent from his parent or guardian if they are present. If they refuse your help, stay nearby and call the police and the emergency services, who can then deal with the situation. If the person is unconscious or unable to formally consent, his consent is inferred and you can then give the necessary first aid.

Privacy

In any first aid situation, the first aider must take steps to assist the person to maintain personal privacy. This means things like, keeping crowds away, putting up a screen if necessary, and covering any exposed body parts with blankets, or sheets, if available. The first aider also needs to take steps to maintain confidentiality. This means not talking about the incident to other people, or answering questions from the media, unless you have permission from the person involved in the accident.

Negligence

If a volunteer comes to the aid of an injured or sick person who is a stranger, the person giving the aid owes the stranger a duty of being reasonably careful. Not fulfilling, or breaking a duty of care leaves the first aider open to questions of negligence. It is unlikely that a first aider would be sued as long as not practiced outside the parameters of the techniques taught at the first aid training.

Provide First Aid

Give first aid in accordance with the instructions given in the following chapters in this manual. When providing first aid, try to protect an ill or injured person from cold and heat. Do not give anything to eat or drink to a person who is:
severely injured,
feeling nausea,
becoming sleepy, or
falling unconscious. In fact, as a general principle, the rule is not to give a casualty anything to drink or eat. Important exceptions include hypothermia (low body temperature), hypoglycaemic shock (low blood sugar in a diabetes patient), diarrhoea and fever leading to dehydration and in case of heat exhaustion or heatstroke. The details can be reviewed in the specific chapters on these conditions. Be aware that experiencing an emergency situation is a very stressful experience for the injured or sick person.

To support him through the ordeal, follow these simple tips:
tell the sick or injured person your name, explain how you are going to help him and reassure him. This will help to relax him;
listen to the person and show concern and kindness;
make him as comfortable as possible;
if he is worried, tell him that it is normal to be afraid;
if it is safe to do so, encourage family and loved ones to stay with him; and
explain to the sick or injured person what has happened and what is going to happen. 

When can I Stop Providing First Aid?

 The question arises when your first aid ‘duty’ comes to an end? Within first aid, CPR is a lifesaving activity. But when you can stop giving CPR? There are four reasons allowing you to stop CPR:
you see a sign of life, such as breathing;
someone trained in first aid or a medical professional takes over;
you are too exhausted to continue; or
the scene becomes unsafe for you to continue. 

Stress when giving First Aid

It is only normal to feel stress if you are suddenly faced with the need to give first aid in a real emergency. Try to bring your emotions under control before you proceed. You may take some time to stand back from the situation and regain your calm. Do not set about the task too hastily and do not under any circumstances place your own safety at risk. It is not always easy to process a traumatic event emotionally. It is not unusual for first aiders to experience difficulty when working through their emotions afterwards. Talk to your friends, family, fellow first aiders or someone else. If you are still worried, talk to a professional and seek counselling

FIRST AID TRAINING ASPER FACTORY ACT 1948

First Aid is the key part of Health and Safety Management System of an organisation and in the Factory Act 1948 there is a provision of First Aid by the constitution of India. Health is also a vastly discussed topic. Every possible process and equipment in an organization should not pose any threat to the employee’s health. Employers should also be prepared to face any medical emergencies and have provisions for such.

Legal aspects of First Aid in Factory Act 1948

According to Article 111A of the factory act, “Every worker shall have the right to get trained within the factory or get sponsored by the factory to train, where training imparted for worker’s health and safety.

According to Article 45 of the Factory act, every factory must have an accessible and fully equipped first aid boxes. When the size of the company is more than 500, they need to have an Ambulance room setup with provisions for nurse and an ambulance inside the facility.