Many bystanders want to help but they are afraid of being sued or having legal action taken against them if they do something wrong.

The Good Samaritan Law in Canada protects people when providing first aid in an emergency. There are 3 simple legal considerations when providing first aid/CPR. They are: consent, gross negligence, and abandonment.

First, the patient must give consent before you do anything. Ask them, “Hi, I know first aid, can I help you?”. If the patient says “yes” then you can provide care. If they say “no”, you cannot touch them, but you can still call 9-1-1 if you think they need help.

If the person is unconscious, the courts would assume anyone who is sane and injured would want help. Therefore, you are able to start first aid or CPR, then help them. This is called implied consent. Even if the person was conscious and said no don’t help me and then they became unconscious, you can now help them, because when they said No – that was the opinion of a conscious person, now their medical condition has worsened and they are unconscious – so you are ok to help them now.

Secondly, what if I do something wrong? The term is gross negligence, and it is commonly defined as conduct so arbitrary it reflects complete disregard for the consequences. Gross negligence can occur where there is some conscious wrongdoing or conscious indifference to consequences. For example, if someone was choking it would be reasonable to perform the Heimlich Maneuver or give abdominal thrusts or back blows - even if your hand placement was a little off. But if you used a knife to cut open the patient’s throat and tried to remove the obstruction, that would NOT be reasonable and would be considered gross negligence. Bottomline...don’t exceed your level of training. Using an AED or administering an Epi-Pen® or Naloxone® are considered basic skills, and you will not be charged. In fact, you will probably be thanked.

The third legal consideration is called abandonment. Once you start first aid you cannot leave the patient (unless you are going for help or getting first aid kits) until someone else with equal or higher training takes your place.

You spend most of your time with your family, friends and coworkers.
Therefore, don't be afraid to help, Become a willing bystander™.

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