What are the implications if consent is not obtained prior to administering first aid?

Answer 1

It depends on the situation and age of the patient. Most States have Good Samaritan laws that allow first aid to be rendered to persons who are unable to care for themselves, and/or are in imminent danger of dying, bleeding to a critical point, burning, etc.

However, if an adult is fully conscious and aware and refuses first aid, you can be liable if you go against their wishes and administer first aid against their wishes.

It's different when an underage minor is involved. Generally if there is imminent danger present or the person involved is seriously injured and in danger of being worse off if action isn't taken, then most laws protect the person giving first aid if a parent or guardian isn't around.

In all cases though, before even considering giving first aid, you need to know what you're doing or you could injure someone further. I know a case my best friend handled many years ago where a woman was involved in a serious car wreck, and lots of smoke was coming from the vehicle. Having seen to many movies, the people on scene wrongly chose to move her thinking the car could explode. In reality, that doesn't happen very often, and most "smoke" seen after an accident is either steam from busted water hoses or oil that's leaking on hot engines. If there's no flame present and the key has been turned off, then it's best to leave the person where the are and keep them immobilized until help arrives.

In the woman's case, the idiots who moved her cost her the use of her legs - she had suffered a severe spinal cord injury, and would've been okay had she not been moved. There was no danger from fire or explosion - the smoke was just steam and oil smoke which as I said is very common in a car accident. Although I don't believe she did, she would've been well within her rights to sue them for gross negligence as they chose to move her when there was no danger present.

If you're unsure about giving first aid, check the particular laws in your area about what's proper and when you should wait for professional help to arrive. Generally, if someone isn't breathing or is bleeding profusely, then help them, but consider your own safety around bodily fluids as well when giving aid. If a person is injured and in no immediate danger, cover them and keep them warm and as immobile as possible to prevent any spinal injuries.

Keep in mind also that NOT giving first aid when you have the opportunity, and by not doing so leads to someone's death can also get you in hot water. So don't ignore people who need help just because you don't want to get involved. If you do, when you need help, someone might decide you're not worth the effort either.