The EMT Thread had some interesting posts concerning , the medico legal aspects of rendering First Aid as a by stander etc.
I dont profess to be a lawyer at all, but would like to share my knowledge , views and experiences in this area.
The first thing to acknowledge is the location / country of the posters, as the laws will differ enormously.
Eg high litigation countries such as the US, Australia , will see many cases and laws that are applicable.
My background is within Australia, but also having international qualifications eg, ACLS, ITLS ( USA ) , BASICS ( UK ) and my previous intensive care paramedic quals from Oz.
In 1983? in Australia, Justice Badgery Parker handed down a decision on the intervention of licenced medical practioners, when they were requested to assist in a case of a patient suffering a seizure near a clinic, the Dr refused to attend, stating patient wasnt from his clinic and they called an ambulance .
Bottom line was the Dr was found negligent - and had a duty of care, due to the proximity of the patient.
That ruling can now be used within Australia, to make licenced practioners attend an incident even when off duty and requested to do so. So if your a nurse, paramedic, Doctor, or even an industial first aider, etc, you could be called to assist and refusal might lead to litigation.
What resulted in that was , Dr's dont carry equipment in their cars, cars not in their names, , so that the Ambulance chasers ( lawyers whose only concern is greed ) find it harder to prove a qualified / licenced person passed by the scene of their patient ( money spinner ) , didnt stop , therefore more pain and anguish !
There are many " Good Samaritin " laws in the US, protecting people who do stop and assist, and the major thing is, u only administer any aid to the level of your training and competence ( if you havent done a skill for 15 years dont do that roadside trachy ! )
Not all states in the US have these laws, and certainly they do not exsist within Australia,
So what do u do in Thailand, well they only passed some laws a while ago, allowing individuals to sue Doctors for negligence, before that they were totally immune !
Dont hold your breath, as it might take 5 years before anything happens with your case.
Im not aware of any common law or statute issues within Thailand on the provision of First Aid at an accident or incident.
What woud play a part in any case would be your qualifications and what you did.
The First rule of any intervention as pointed out before, is do no harm .
I attended a tragic accident years ago, when a car rolled over ++ and came to a halt , still on its roof. A Bystander, rushed over, and cut the seat belt ( inertia reel ) which had locked in place and was holding the patient pinned into his seat and upside down. Result he dropped to the ground , on his head which resulted in quadraplegia.
If you did stop at an accident scene and choose to assist etc , remember the golden rules,
Dangers, Safety to you, your patient and the surrounding environment. If not safe DONT try to be a dead hero ,
This Safety issue can be used as a "get out of jail card" , eg, if you dont have gloves , PPE, then you cant assist.
Over the years, i have and will continue to stop at some incidents, eg, if the patients look unwell,
I have saved 1 guys life by removing a piece of broken denture from his larynx which had stopped his breathing.
I would recommend 1 thing, make sure the Police are in attendance and also call the Tourist Police to attend, they could always support your attendance and observe that it was done professionally. etc
The one thing, that could cause some problem, is the " Expat " caused the accident, stopped, didnt help, or did and it wasnt right, thats why insurance reps are also a next point of call.
First Aid over my career of 30 years has benefited many people before the arrival of more advanced medical care etc,
It generally doesnt "save lifes " but what it can do is to stop you from going down the slippery slope towards death.
I left this bit to last:
My statutory ambulance service was sued for $850 odd AUD years ago for a case i attended.
45 yo female who collapsed in a restaurent , Ambulance arrived 3-4 mins later, CPR was being preformed. Diagnosis - Cardiac Arrest, cut off the dress, bra, expose the chest, apply the defib pads, 2 defibs, intubation, Iv and drugs, ventilated her, and we got her back, discharged from hospital approx 12 days later with a permanent pacemaker insitu.
She actually had an electrical conductivity issue that caused this incident, not the normal anatomical blocked artery etc.
She sued us, for damages to her new cocktail dress and bra, saying i should have been more careful and looked after her property etc.
We paid out on it, as its quicker and cheaper , that to fight it.
Hope this assists some members with the way they look at providing first aid.








