Re: RC: RE: Dealing Responsibly with Injured People

["beth glover" <bgloverhrsewmn@hotmail.com>]

Hi Truman; It is good to hear this discussion because lots of times folks 
dont talk about these things.  I know that in the state of California (not 
knowing where you live, or what your laws are), we have a strong "Good 
Samaritan Law". According to that law, if some person helps another person 
who is in an accident or injured, to the best of their ability, they cannot 
be sued nor held liable.  When I found the boy that got hit by the car in 
the street, all I had was a stethoscope and my knowledge. He couldn't have 
sued me for failing to  start an IV on him in a timely manner, for instance. 
He could have sued me if I decided to do surgery with a pocket knife, 
because I don't know what I am doing!   If the ride manager has no medical 
training, and to the best of their knowledge , the person is acting injured, 
behaving inappropriately, is incoherent or bizarre, and the ride manager as 
a lay person determines that something is not right about the situation, in 
California, they cannot be sued for calling the paramedics. I don't think 
you get billed in L. A. county for a paramedic call anyway.  On the other 
hand, if the ride manager thought the person was in some sort of medical 
trouble, and other people were concerned , and they just blew it off saying, 
"Oh he didn't want the paramedics", and then that person had fainted in 
their vehicle and killed someone on the road...that sounds like lawsuit 
material to me.  It is just as if the person is drunk,  they have impaired 
judgement!  I am aware that people can refuse medical treatment, have seen 
it many times. We have a form release, called AMA  , against medical advice. 
If the person is in bad shape and they refuse medical treatment against 
medical advice, and have been educated about the risks and benefits of 
treatment...then they may be liable for any medical bills resulting from 
their injury, as a result of refusing treatment! That can get pricey if they 
decide to go back to the hospital a couple of hours later for the same 
problem which is now worsened.  However, most rides I have been to ask for 
the name of an emergency contact, and I usually give them the name of a 
friend at the ride in addition to my family, in case they need someone to 
take charge of my horse or rig.  Beth Glover

>From: Truman Prevatt <tprevatt@mindspring.com>
>Reply-To: tprevatt@mindspring.com
>To: Jim Beidle <beidlej@yahoo.com>, RideCamp <ridecamp@endurance.net>
>Subject: RC:   RE: Dealing Responsibly with Injured People
>Date: Thu, 18 Oct 2001 19:31:55 -0400
>
>One problem is releases are worth about as much as the paper they are
>written on. They don't prevent anyone from sueing and if they do the
>release will be the first thing thrown out.
>
>You can't protect yourself with paper. You need a plan to take care of
>potential problem that might arise. Human injury at an endurance ride is
>always a potential risk.
>
>Some things you might want to think about doing. Contact the local fire
>department prior to the ride and tell they about the ride and put them on
>alert that there could be a problem. Contact the local Sheriff about the
>same thing. I've actually had the fire department station an EMT unit at
>base camp instead of the fire house. If there was a call they would
>respond but they were on site. It didn't cost me anything and they did
>take care of a few minor injuries.
>
>If this is not possible and it always isn't, have a plan of how to handle
>emergencies and discuss it at the ride meeting. Have the necessary first
>aid supplies on hand and have people available to aid riders who are
>injured on trail.
>
>A little planning and a little forethought could save a life.
>
>Truman
>
>Jim Beidle wrote:
>
> > Here's my take on this; Why not make emergency data
> > and EMS release part of the waiver we sign at the
> > ride? Something to the effect "If you are involved in
> > a serious incident, you give us (RM) permission to
> > call in EMS. Further, provide your emergency contact's
> > info below, in case you aren't able to function".
> >
>
>
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