Legal Considerations Flashcards
To avoid liability, it is important to understand the legal principles that apply to your role as a professional lifeguard.
What is duty to act?
DUTY TO ACT
While on the job, you have a legal responsibility to act in an emergency. Failure to adhere to this duty could result in legal action.
What is standard of care?
STANDARD OF CARE
You are expected to meet a minimum standard of care, which may be established in part by your training program and in part by state or local authorities.
This standard requires you to:
o Communicate proper information and warnings to help prevent injuries.
o Recognize someone in need of care.
o Attempt to rescue those needing assistance.
o Provide emergency care according to your level of training.
What is negligence?
NEGLIGENCE
When a person is injured or suffers additional harm because lifeguards failed to follow the standard of care or failed to act at all, the lifeguards may be considered negligent.
Negligence includes:
o Failing to control or stop any behaviors that could result in further harm or injury.
o Failing to provide care.
o Providing inappropriate care.
o Providing care beyond the scope of practice or level of training.
What is abandonment?
ABANDONMENT
Once care is initiated, it must be continued until emergency medical services (EMS) personnel or someone with equal or greater training arrives and takes over. You can be held legally responsible for abandoning a person who requires ongoing care if you leave the scene or stop providing care.
What is confidentiality?
CONFIDENTIALITY
While making a rescue or providing care, you may learn something about the injured or ill person, such as information about medical conditions, physical problems and medications taken. This person’s right to privacy is protected by laws that require you to keep information learned about the person confidential. Reporters, insurance investigators or attorneys may ask questions following an incident. This information should not be shared with anyone except EMS personnel directly associated with the person’s care, facility management or the facility’s legal counsel. Sharing personal information with individuals not directly associated with an injured person’s medical care may constitute a breach of the victim’s privacy.
What is documentation?
DOCUMENTATION
Properly documenting injuries and incidents is very important. If legal action occurs later, your records and reports can provide legal documentation of what was seen, heard and done at the scene. Complete the required forms as soon as possible after the incident; preferably immediately after the incident has wrapped up. As time passes, critical details may be forgotten. When completing a report, state the facts of the incident without including your opinion. Once the report is complete, sign and date it and have all responders read the report, then sign and date it as well. A copy of the report should be kept by the facility.
What is consent?
CONSENT
An injured or ill person must give permission before responders can provide first aid and emergency care.
To obtain consent:
o State your name.
o State your level of training.
o Ask if you may help.
o Explain that you would like to assess them to find out what you think may be wrong or what you can do to help.
o Explain what you plan to do.
What is implied consent?
IMPLIED CONSENT
Someone who is unresponsive, confused or seriously injured or ill (such as in a nonfatal drowning) may not be able to grant consent. In these cases, the law assumes the victim would give consent if they were able to do so. This is called implied consent. Implied consent also applies to a minor who needs emergency medical assistance and whose parent or guardian is not present.
What is refusal of care?
REFUSAL OF CARE
Some injured or ill people may refuse care, even if they desperately need it. Parents also refuse care for their children. Even though someone may be seriously injured, their wishes must be honored. In these situations, you should explain why they need care. For significant injuries, you should call EMS personnel to evaluate the situation. For non-life-threatening emergencies, when care is refused and you are asked not to call EMS personnel, make it clear that you are neither denying nor withholding care and that you are not abandoning the victim. You must document any refusal of care. Someone else, such as another lifeguard, should witness the person’s refusal of care and sign a report. Ask the person who refuses care to sign the report as well; if they refuses to sign, note that on the report.
Overview of the Good Samaritan Law
Most states and the District of Columbia have Good Samaritan laws that protect people against claims of negligence after having provided emergency care in good faith without having accepted anything in return. These laws differ somewhat from state to state but generally help to protect people who act in good faith, within the scope of their training, and who are not negligent.
Some Good Samaritan laws, however, do not provide coverage for individuals who have a legal duty to act, which includes professional lifeguards. Therefore, it is important that lifeguards consult a lawyer or the facility’s legal counsel to determine the degree of protection provided by their state’s Good Samaritan laws.
