Co -Worker had a guy die in his arms.

[Jims5543]

On Monday, he witnessed a car hit a motorcycle head on 5 feet from his car window. He jumped out to help, he ran to the Motorcycle rider to attend to him, he had his hand on the back of his head (no helmet) and asked if his friends were o.k., he was ahead of them, they were on bikes too and they were not in the accident.

The motorcycle rider moved his hand away from the back of his head and the pavement began to flow with a river of blood then he just went blank and faded off. CPR was administered until medical help arrived, he was pronounced dead on the scene.

I honestly do not think I need to say this here, wear your helmets.

No one deserves to die but not wearing safety gear is just asking to die.

[Porsche-O-Phile]

I guarantee your co-worker will be named in a wrongful death suit shortly. If I were him, I'd seriously start sheltering/transferring assets.

[Mo_Gearhead]

QUOTE: "I guarantee your co-worker will be named in a wrongful death suit shortly. If I were him, I'd seriously start sheltering/transferring assets."
______________________

Brilliant!

...as P-O-P stands beside his car and keeps everyone BACK!

Let the SOB bleed out, after all ...no helmet!!!

[Noah930]

I would think Good Samaritan laws would protect your friend from any lawsuit. Sorry to hear he had such a traumatic experience, and that some guy had to die like that.

[Tobra]

You are mistaken Jeff, there is a concept of the "Good Samaritan" in most states, shields you from liability if you stop at an accident and render aid.

The "Good Samaritan" deal does not apply if you are a doctor, nurse or paramedic. Paramedics are supposed to stop at accidents whether they are on duty or not.

Sort of a legal disincentive to discourage the people you would want to stop to do so. I am told that my malpractice coverage does not apply for this sort of thing.

I will not render aid at the roadside because of this. My wife has stopped at several wrecks since we moved to Cali

[masraum]

Originally Posted by Porsche-O-Phile

I guarantee your co-worker will be named in a wrongful death suit shortly. If I were him, I'd seriously start sheltering/transferring assets.

Why? Other than doing CPR, what did he do besides witness an accident?

[Noah930]

Originally Posted by Tobra

The "Good Samaritan" deal does not apply if you are a doctor, nurse or paramedic.

I'll have to look that up, Tobra. I've heard that (within reason), Good Samaritan laws protect healthcare providers as well. As long as what is done seems reasonable, you're protected. Obviously, the standard applied would be different for a trauma surgeon (in this scenario) compared to, say, an immunologist. Otherwise, you'd never have any medical personnel stopping by as Good Samaritans (which would be silly, as they'd have a better idea of what to do than your average Joe).

[Tobra]

Originally Posted by Noah930

I'll have to look that up, Tobra. I've heard that (within reason), Good Samaritan laws protect healthcare providers as well. As long as what is done seems reasonable, you're protected. Obviously, the standard applied would be different for a trauma surgeon (in this scenario) compared to, say, an immunologist. Otherwise, you'd never have any medical personnel stopping by as Good Samaritans (which would be silly, as they'd have a better idea of what to do than your average Joe).

I have spoken to attorneys knowledgable about this subject in Texas and California and am fairly confident about what I say.

[Zeke]

Sure, if the friend were negligent, he could face some consequences. But, given the obvious fact that there were witnesses and they poor fellow died so quickly, I don't think he had time to do any wrong and I don't think a jury would see wrong either.

Very sorry for the rider helmet or not. He undoubtedly leaves someone behind. Very sorry for the friend as well. God forbid this should happen to me. I'm 62 YO and have never seen a dead person. When my parents died in different years at a hospital, I was but minutes late in both cases. The staff wanted to know if I wanted to see them and I declined both times as I have done with other deaths. I much prefer the memories I have of them living.

[URY914]

I will never understand why the helmet law was changed or why people ride without them.

[Porsche-O-Phile]

The fact that he was handling the guy's head and based on the description, "He moved his hand away from the back of his head and the pavement began to flow with a river of blood" seems to be a little damning.

I bet a skilled lawyer could easily make the case that his "moving his hand" or otherwise doing something resulted in the death, which otherwise might not have occurred.

Now look, I think we all know it's B.S. but in this day and age I don't think there's a such thing as being too careful.

Your friend did the "right" thing by being a Good Samaratan. Proper, ethical, compassionate. No doubt about it. But also, no good deed goes unpunished these days. The "right" thing is all too often not the legal thing.

If there really is such a thing as a "Good Samaratan" law that gives blanket immunity from liability in such cases, then maybe there's hope for our society yet.

[Jims5543]

Sorry if I was not clear, my friend did not touch the guy until he faded out. I edited my initial post to clear that up. The guy moved his own hand.

The whole incident took about 10 seconds, my friend told him not to move and help was on the way, the guy asked a question and moved his own hand then died that fast.

CPR was administered by another guy that was alongside as well they both got to the victim at the same time.

[Gogar]

Jeff, I think Jim meant "The guy had his OWN hand on his OWN head."

edit: whoops beat me to it.

[Porsche-O-Phile]

Ahh, okay then.

I'd still be careful if I were him. Anyone know for certain if he'd be protected under the law? For cryin' out loud I'd like to think so. . .

[Rikao4]

medical pers. get hit with 'well you should have known' I have responded to MVA's in the
Med. center areas , if they helped..no names,and no I'm a Dr.
Folks don't want to be sued.
Tobra is right..it somewhat protect's joe smuck..
medical folks..'well you should have known'
Rika

[Tishabet]

Jim, sorry your co-worker had to go through that... sounds pretty rough.

When I was training to become certified as a wilderness EMT back in 1998, we spent about 4 hours of class reviewing the legal implications of good samaritan laws, how standard of care changes when you are in the backcountry, how backcountry is legally defined, etc. It's good stuff to know for anyone who could legally be defined as a "healthcare provider" but complicated by the backcountry aspect.

For example, in a backcountry situation (typically defined as 1 mile from developed road) if I were to stumble upon someone who was injured and unconscious and I determined that I needed to stabilize them and run for help to evacuate, I was supposedly in the clear to use the big diaper pin that we all carried in our kits and pin the victim's tongue to his shirt to keep his airway clear. There was a surgeon from Boston taking the class with me, and his eyes were bugging out as the liberties of "backcountry medicine" were being explained.

[LakeCleElum]

Jim - Sorry you co-worker had to go thru that......I lost 3 friends (all my age) to motorcycle accidents in 2 months last year. I had the dis-pleasure of watching one die a very slow death due to internal bleeding.

All wore helmets, but it didn't make it any easier for me......Be careful out there....

[Rick Lee]

Originally Posted by URY914

I will never understand why the helmet law was changed or why people ride without them.

There should be no helmet or seatbelt laws anywhere, except maybe for kids in cars. I never even saw a bicycle helmet until I was in high school and now lots of places require them on kids. And I'll never understand how a state with no helmet laws has higway signs warning you to buckle up because they "care". The nanny state is insulting. If you choose to ride without a helmet, it's your business. I ride my motocycle around my neighborhood without a helmet, but no faster than I'd ride a bicycle and no more than about 3/4 of a mile from the house. Otherwise it's all the gear, all the time. It's none of the state's business either way.

[Tobra]

Rick, it becomes The State's business when they are using public roads, and when they bounce their melon off the pavement, The State picks up the tab for their medical expenses more often than not.

[JavaBrewer]

That was a factor in Cali going mandatory helmets - or so I was lead to believe. I can't imagine anyone riding a bike w/o a helmet but then there's a ton of stupid folks out there.