Legal aspect of first aid

Legal aspect of first aid – Every human being has a 'duty of care', whether they like it or not. Society, but also the legal fraternity, expects people to provide any reasonable care should they come across the scene of an incident. Employers shouldn't leave it up to the individual employee to decide what is 'reasonable', but rather provide adequate training for all to take away any doubt.

Any human being, whether they like it or not, are expected to assist when and where they can. Especially in case of emergency. That is not just a moral obligation but also a legal requirement. But the Duty of Care rule is the most under-rated legal requirement as leaving an accident scene is seldom subject of a court case against an individual. Nevertheless it is in human nature to put one's own safety first, especially as the duty of care does not mean that people are expected to provide first-aid. And more often than not victims are neglected or provided with inadequate first aid because those arriving on the scene first fail to do what should have been done immediately.

South African legislation is pretty clear about the provision of first-aid kits and number of first-aid employees on the total number of people employed. But when disaster strikes it is the response time that counts. And if it happens to be that the qualified first-aider is delayed and other employees are unable to handle or execute (life-)saving measures, the disaster can go out of proportion.

Generally speaking people are always expected to provide basic assistance, which includes:

• If the person is conscious, you must always get permission before helping.
• Move the person only if the person’s life is endangered.
• Call EMS for professional help.
• Only do what you have been trained to do in a real first aid course offered by a authorized agency.
• Check the person’s airway, breathing, and circulation before providing further care.
• Continue to care for any life-threatening conditions until EMS personnel arrive.
• If the person requiring first aid is a child, seek permission from a parent if they are in the immediate area. If the parent is not available, you do not need the child’s permission to help.

When a first-aider fails to arrive timeously the person or employer can be prosecuted for neglect. And when bystanders decide to go out of their way and decide voluntarily to intervene to render assistance, they will assume a duty of care towards the individual concerned. By starting treatment they accept the responsibility of care. This will make these persons automatically liable for damages if the negligent intervention directly causes injury which would not have occurred otherwise or if it exacerbates an injury.

But even if assistance was rendered by a trained first-aider, this person would still be liable of any damages caused, if it comes out that the condition got worse due to the treatment provide.

Companies should, therefore, consider sending as many employees for first-aid training as possible. Attending an accredited First Aid training course not only provides them with life saving skills but skills, knowledge and understanding of current best practices. A First Aid certificate is not a ‘licence to treat’ but it demonstrates that the candidate, at the time of the course, was able to perform tasks to a nationally recognised standard. By treating a casualty to these standards you are protecting yourself against a claim of negligence.

Incidents, especially with injured people, always cause a lot of stress and havoc. If First Aid is required, it should be provided immediately. Employers should not leave it up to the individual employee to decide first what the possible legal implications could be. Employers should make sure that everybody knows exactly what is required.

Companies always rave about team-spirit, team-work and team-cohesion on the work floor. Next time they plan to go for a bos-beraad they should consider attending a First Aid course. The moment a team is cut short in members because of an incident, 'team-work, -spirit and cohesion' will also be gone. Rebuilding that, and the impact, will take much more time and effort than simply attending a First Aid course.