Gathering the Good Samaritans (Part 3 of 3)
We are back to the playing field and the little athletes are just that…little. These are children playing in little-league teams and not all parents are in attendance. The same situation occurs and one of these little guys has just collapsed at your feet. NOW what do you do?
So many questions – and here are a few more to consider: What if the victim is a child and the parents are no where to be found? What if the victim is drunk or otherwise incapacitated?
Implied consent is the answer. Whenever the event occurs and the victim is unable to reasonably speak for himself or is a minor without parental presence, implied consent will support the actions of the rescuer:
“…if the patient is unconscious, delusional, intoxicated or deemed mentally unfit to make decisions regarding their safety or if the responder has a reasonable belief that this was as such; courts tend to be very forgiving in adjudicating this, under the legal fiction that “peril invites rescue” (Implied Consent, lawdictonary.com website).
In the case of minors, it can be tricky but to error on the side of providing rescue is the best rule of thumb. Should consent not be given by parents, the responder is not required to withhold rescue efforts as the parent‘s actions will likely be construed as neglect. As a result, rescue efforts in these cases are covered by an implied consent by default.
There are areas in which the Good Samaritan Law only protects those who have received appropriate training from a certified health organization. CPR Classes in Orange County provide such training, such as basic first aid and basic life support (BLS). With statistics proving the positive outcomes of bystander CPR and with laws to protect those willing to provide rescue assistance in such an event, it makes sense to seek out and receive this valuable training.
You just might save a life.