Legal Issues Associated with Applying Your BLS Training

As a healthcare provider or first responder seeking basic life support (BLS) training online, you may be familiar with personal liability associated with performing basic life support while “on the job.” But what legal issues should you be aware of when you’re “off the clock” and faced with an emergency situation?

Though specific legislation varies by state, it’s important to be aware of two types of laws that may impact your ability to perform BLS outside the course of your job.

Good Samaritan Laws
Good Samaritan laws protect people who provide BLS or other emergency medical care from litigation in case the person receiving assistance suffers further injury or dies. These laws, which vary by state, are meant to encourage healthcare providers or first responders to provide help outside the course of their jobs without fear of future litigation.

Generally, where an unconscious victim cannot respond, a Good Samaritan can help on the grounds of implied consent. However, if the victim is conscious and can respond, you should first ask his or her permission to help.

Under most Good Samaritan laws, you cannot be held legally liable for damages in court if two conditions are met:

You provide BLS at the scene of the emergency, and
You have no other motives, such as the hope of being paid a fee or reward

Duty to Rescue Laws
Duty to rescue laws, often confused with Good Samaritan laws, require individuals to either administer aid or contact emergency medical personnel when they see another person in immediate danger. In the common law of the United States, there is no general duty to come to the rescue of another. However, such a duty may arise in two situations:

1) When you create a hazardous situation. If another person is injured because of this hazardous situation, you have a legal duty to help him or her.

2) When a special relationship exists. Examples of a special relationship include, but are not limited to:

Parents and other caretakers in regard to the children in their care
Married couples in regard to spouses
Emergency workers and first responders while on duty

Several states take this policy one step further by imposing this duty on all individuals in regard to all other people. For example, under Florida’s duty to care law, sometimes referred to as the Good Samaritan Act, people have a responsibility to do what they can to help others in peril – even complete strangers.

Legal Liability at Work
As a healthcare provider or first responder, you may be legally required to be certified in BLS. Contact your human resources department for more information about BLS training, required certifications and liability associated with providing BLS while on the job.

BLS Certification
Health Ed Solutions offers BLS Certification online.

This article is a basic overview of the liability issues that may be associated with performing basic life support, and is in no way intended to be construed as legal counsel. For legal advice regarding these laws or personal liability associated with performing basic life support or other first aid, please contact an attorney.