Re: The Law and First Aid
patrick wilson (pwilson@CORIMAGE.COM)
Sat, 17 Jun 1995 12:06:56 PST
>Beware of thinking of the law as something that is only black and
>white. As a lawyer, I can tell you its usually pretty gray. In most
>states it is illegal to dispense a prescription drug without a proper
>However, in many states, there are also laws that allow the same to
>occur in a life or death situation. Where there isn't a statute,
>there is usually some case law where the Court's have found that
>public policy should promote saving life. The best bet is for folks
>to contact their local Councils to find out what local laws exist and
>what local policies have been developed. And in criminal cases,
>remember that the Judge is not the fact-finder - its the jury. I
>don't think many juries would convict someone who saved or tried to
>save a life in a remote setting away from help in an emergency.
>Although in California anything is possible.
>Speaking only for myself in the Scouting Spirit, Michael F. Bowman
>Prof. Beaver, Nat. Capital Area Council, BSA mfbowman@CAPACCESS.ORG
Here's my last response to this subject. I'm sure everyone has heard
enough from me on this, judging from the emails I have recieved both
public and private.
As I stated in my last couple of posts:
"I'm not saying that I wouldn't improvise and use some of my
"unofficial" training on a loved one or one of MY scouts in a LIFE OR
DEATH situation, but I would do it knowing the liability/criminal risk
I am taking and would not involve anyone else."
"I personally don't plan on any of the boys in my care not coming home
from an outing. I will make my decisions based on the situation and
knowing the consequences of my actions."
I'm not running around in fear of the law. I spent some time in law
enforcement, I do know the difference between the "spirit of the law"
and the "letter of the law"
My concern is not when it's done right, those incidents usually don't
make it to court. They usually end in with a medal of honor, pats on
the back and a heros reception.
It's when someone with "TV" or "Scouts-L" education makes the decision
in the hopes of saving the life and ends up causing the victem
unnecessary pain (creams on burns) or worse yet, loss life (injections
for someone choking on an unseen object) or limb (use of a turniquet).
There is a lot of good information out here on the list as well as
some bad. But sometimes, the professionals forget who's out here. As
well, some of the people out here overestimate their training level.
Training is available through local colleges and the American Red
Cross. It's not that expensive and if your unit activities are such
that you think you will be the only hope for an injured scout, you
should get this training.
Otherwise, BE AWARE OF THE LAWS IN YOUR AREA!
BTW: Were you aware that over %70 of scouting insurance injury claims
occure from Motor Vehicle Accidents?
:> Patrick Wilson PWILSON@CORIMAGE.COM <:
:> Committee Chairman I use to be a Beaver.... <:
:> Troop 92, Milpitas, CA WE3-55-87 <:
:> Santa Clara Co. Council |>>>---->| WWW1980 <:
Terry Howerton Sakima Group, Inc. SCOUTER Magazine Kansas City