Should I attempt to give first aid if needed or could I be liable for any injuries sustained?

First aiders can be the first treatment that is available to a person in need and is sometimes the difference between life and death A common concern, however, is whether or not a first-aider can be sued if they give first aid to a casualty. It’s a fair question and with numerous scare stories about people suffering lawsuits after having attempted to give first aid, it’s no surprise that some people may feel reluctant in offering help, particularly as very few people utilise their training regularly enough to feel overly confident.

The following article considers the legal viewpoint of giving first aid including when it should be given, the times at which a trained person should not attempt to help a casualty, when treatment might be refused and how the law will protect a person who has tried to help.

Important Terminology Relating to First Aid

Duty of Care

Duty of care refers to the legal obligation that a first aider has to provide reasonable care whilst they are administering treatment or carrying out any actions that could potentially harm another person. If a case of negligence was to be brought against a first aider, their duty of care would be reviewed at the outset.

Reasonable Care

Reasonable care otherwise referred to as the actions of a reasonable person is the legal term used in Common Law to determine an objective standard or expectations by which a person’s behaviour can be measured. This standard would be used to determine whether a first aider’s standard of care was reasonable in the circumstances.

Negligence

Negligence occurs when a person fails in their duty of care through action or inaction that leads to an injury or loss. Negligence differs to carelessness in that a person could be acting with as much care as they can, but still fail to reach the level of competency that would be expected of them.

Common Law

Common law is sometimes referred to as case law and refers to law that is developed through the study and understanding of similar cases that have already been heard by a judge and court.

Statutory Law

Statute law is law that has been established through legislature, rather than previously tried cases as in common law.

A First Aider's Duty of Care

First aiders have a duty of care to administer treatment in adherence to the training that they have received and so this may mean that a workplace first aider’s situation may be different to that of a bystander who simply wants to help a casualty. Effectively, the workplace first aider could be considered to have a heightened duty of care because of their training.

As per the Health and Safety at Work Act 1974 and further legislation such as the Health and Safety (First Aid) Regulations 1981, all employers have a legal obligation to ensure that their are trained first aiders within the workplace in case their staff need treatment. In order to comply with the law, these first aiders are required to have completed approved training in a number of competencies. It could be argued that individuals who accept this role within the workplace and complete the training owes a duty of care to their colleagues to administer treatment within their skills and understanding to the best of their abilities.

However, a person who witnesses a casualty in public, whether they be a healthcare worker or not, has no= obligation to assist unless they were responsible for the other person’s injuries. If they volunteer to offer first aid, they assume a duty of care to the casualty and they accept responsibility for the treatment that they give.

Only Treat if you are Willing and Able

The first rule of administering first aid to a person is to only do so if you are willing and able to give the treatment. This means that you must be confident that you have the necessary skills and knowledge to treat the casualty and you must be confident and willing to do so.

Can I be prosecuted if I choose not to help?

There are no laws that force a person to help a casualty, but this does not mean that you can simply walk away from a person who needs help. Although you are not obliged to offer treatment, you may be liable for legal action against you if you do not attempt to help in some way. If you do not feel comfortable in giving first aid to a casualty, there are a number of ways in which you can still help, including:

• Calling for help, usually by dialing 999 or by shouting at others nearby to assist you.
• Make the area around the casualty as safe as possible for yourself, the person in need and any other people present.
• Try to ascertain what has happened and monitor the casualty.
• Offer comfort, company and emotional support to the casualty.

These might not be life saving measures but the above ways of helping can be worthwhile and make all the difference to the well being of the patient.

Can I be legally liable if I injure someone by giving them first aid?

You will only be liable for any damages caused to a casualty if you give first aid and act negligently. That is to say that if the casualty suffers an injury that they would not have otherwise, you could be liable if your treatment is deemed to have been negligent.

Only Give Treatment that Adheres to the Training that You Have Received

If the treatment that you give to a casualty is given inappropriately and any consequent injuries can be proved to be caused by the negligent action, you could be liable for damages if the court decides that you fell below the expected standard of care in the circumstances. This legal obligation applies to healthcare workers, volunteers and even the general public.

It is important to highlight that by completing an accredited first aid course, the first aider does not have a ‘licence to treat’. Rather, completion of the course provides the first aider with life saving skills and knowledge and provides information on current best practices.

Obtaining Consent to Give Treatment

UK law states that any type of physical contact without consent could be considered to be a common assault (also referred to as ‘battery’ or ‘wrongful interference with the person’ depending on where you are in the UK. It is highly unlikely that this would lead to a conviction for a first aider who attempts to help a casualty, but it is important for the first aider to obtain consent where possible.

What if the casualty is unconscious and so can’t give consent?

If a casualty is not conscious, they are not able to give their consent and so the first aider is only permitted to give treatment that is necessary for the purpose of saving their life. The first aider is not permitted to give any other treatment, such as dressing wounds or administering treatment for minor injuries.

What should I do if the casualty refuses treatment?

There are several cases where a casualty may not want to receive treatment, even when they have significant and serious injuries. For example: