TreasureKY -> RE: 911 Responders (12/20/2010 5:24:35 PM)
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ORIGINAL: samboct You're bringing up a point which is largely irrelevant here- the point of if a volunteer is injured, who is responsible. But the reality is that during 9/11 first responders were asked by their employers to show up and help deal with the situation. Furthermore, what you're suggesting sets a horrible precedent. Should first responders not respond to a situation when they're not on the clock because they might get injured? I think first responders have a reasonable expectation that if they lay their lives on the line, that if they're injured, their injuries will be dealt with responsibly regardless of whether or not they've been assigned to the task. Otherwise you risk the equivalent of a bloody minded strike- I'm not getting paid, so I'm not going in there. Is that what you want? These people weren't down there because they were promised large sums of cash- they were there because they viewed it as their civic duty. If they hadn't been injured- they wouldn't be hitting people up for additional money. But they were injured, and its our civic duty to make sure that they are treated with dignity. Being turfed out on the street after being unable to work doesn't hack it in my book. Same problem as homeless vets- it's intolerable. Isn't it enough that people sacrificed their health to help others? Should they have to have sacrificed their finances as well? First, I don't think it is an irrelevant point, at all. As I stated in my first post, it wouldn't really apply toward the cases in question, but it would help to set precedent for the future. Second, if an employer asks an employee to show up to help, I suspect that labor laws would consider those individuals "on the clock" unless they've specifically agreed to not be compensated for their work. Even then, I think it likely that the employer would be assuming liability for injuries/illness unless there was also a specific agreement excluding those benefits from any volunteer worker... and I'm not sure they can actually do that. Sorry, but I've been out of the employment law loop for a few years now and I don't really have the time to research current precedence. Again, I wouldn't want to discourage anyone from volunteering help... but an informed decision would prevent a lot of problems. I'm not sure there'd be that many people who would refuse to volunteer... I know I wouldn't. As I've said before, those who are responsible should be held to their obligations. But people need to know and understand those obligations before a situation ever arises. quote:
ORIGINAL: tazzygirl If someone knows you are a Dr, nurse or EMT and you dont stop at a scene of an accident, you can be sued... the success depends on which state you are in. I really take exception to expect those with the ability to save lives being told they are "off the clock" so its your dime. What you are talking about is "duty to rescue". From some quick research, it is a rarity in the US for such a concept to be codified in law for the situation that happened on 9/11. A few states have enacted some type of duty to rescue law, and other have duty to rescue wording contained in their Good Samaritan laws... and it would appear that generally those laws are not applicable in cases where there is any danger to the rescuer. New York doesn't appear to be one of those few states, either. In fact, the following is an excerpt from a legal site discussing "duty to rescue" under New York's laws: quote:
Duty to Rescue The general rule is that a person has no duty to rescue another person who is in peril. Even in an extreme situation, such as where an adult sees a child trapped on top of railroad tracks, courts generally hold that a person is under no duty to come to the aid of another. Courts, however, recognize several exceptions. These include the following: - The Defendant Created the Peril. Where the defendant's negligence created the need for the plaintiff to be rescued, the defendant is generally under a duty to rescue the plaintiff.
- Undertaking to Act. If a defendant begins to rescue a person but then stops, in some instances the defendant may be under a duty to continue the rescue. Most courts require that the defendant act reasonably once the rescue has begun. If a reasonable person would have continued to rescue the victim, then the defendant may have been under a duty to continue the rescue.
- Special Relationship. A defendant may have the duty to rescue a person where the defendant has a special relationship with the victim, such as in an employer-employee or a school-student relationship.
Further, here is a link to an article published in April of 2009 showing that the courts in New York have upheld the "no duty to rescue rule". There is an interesting abstract from the Texas Law Review (Vol. 84:653 2006) discussing the implications for enacting a duty to rescue: In this abstract, the author indicates: "Three states have enacted statutory duties to rescue: Vermont, Rhode Island, and Minnesota. Vermont and Rhode Island require individuals to perform non-risky rescues; Minnesota requires individuals to either perform the non-risky rescue or provide notice of the problem to police or rescue personnel. One other state, Wisconsin, has a statute that requires persons present at the scene of a crime to either report the incident to the police or to assist the crime victim. Several other states have imposed limited duties to report crimes, and every state imposes a duty to remain at the scene of a car accident at least long enough to render aid and exchange information, when it is safe to do so." If you feel that this information I've provided does not include medical professionals, I'll refer you to the following article published by the American Association of Physicians and Surgeons, "The Pervasive Duty to Rescue" that acknowledges: "... Traditionally under American law, no general duty to rescue is imposed upon us. ..." Interestingly enough, the article goes on to discuss how the Federal Government is forcing through taxation that citizens come to the aid of others... the topic of a previous thread of mine. There are quite a few other articles and discussions online involving "duty to rescue", however I was unable to find any that identified doctors or nurses as being required to render assistance when no one else is require to. Of course, this doesn't mean that there isn't an ethical obligation... just not a legal one. quote:
But you just did with your previous statement. Just because a disaster happens doesnt let others "off the hook". Medical and safety personnel are trained to act first, ask questions later. Katrina was a natural disaster. Should the volunteers have statyed away because they didnt know what they were walking in on? On a lonely road, the only person to stop past an accident scene is a Physician, should he not stop because he "might" be injured? Thats a dangerous precendent you are setting. As I've repeatedly said, I wouldn't want to discourage people from rendering assistance. However, if you'll refer to the abstract I linked above from the Texas Law Review, there is an interesting study showing the results of the three states who have enacted "duty to respond" versus the records from before the law was enacted, there has been no substantial difference in the number of cases of assistance rendered. I suspect that the same would hold true for cases where people were aware ahead of time that they may be placing themselves in personal peril by assisting... whether physical or financial. quote:
And all i can say is that it leaves a foul taste in mine when people who cant, or wont, step out of their little boxes to recognize that their are good people in this world who helped for nothing more than the fact that they could help, and they are getting fucked... and told to "deal". I'm not aware of anyone here who hasn't acknowledged the good people who have put their lives on the line to help others. I don't believe the government officials who have balked at this legislation have said anything to the contrary, either. The question is, just who should be responsible for someone who has voluntarily placed their health, their life, and their livelihood on the line by rendering assistance in an dangerous situation. For me, with regard to those individuals for whom emergency services is their job, and were on the scene in their official capacity, they should have been taken care of long ago by their employers. For others who volunteered their professional services at the request of their employer, they should also have been covered by their employer long ago.
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