Advice Needed or Lifesaving or Meritorius Action Award Application

[Eagle94-A1 2687]

I knew a certified lifeguard instructor waiting to take his swim test at summer camp who made a rescue at Scout camp. He was not on duty as a lifeguard, but was the first to see the Scout in trouble and respond. Long story short, SM asking about the process was told by the CD that because the rescuer was a professional, it didn't count, even if not in a paid position.  That's why I'm asking.

[blw2 433]

I agree, I think I would submit for all that are registered BSA

 

I also agree that they likely may not want the award, especially given the outcome

but honestly I think an award is just that, not something you apply for yourself....

So I wouldn't tell them you're doing it, except I believe that they need to sign the application or give a statement or something.... if I'm remembering correctly.  If they refuse to sign.... so be it

 

If the council or other powers that are in charge of reviewing the form reject it because of their medical degrees, that's up to them.... not you.  Just my opinion

[Stosh 3452]

Like military members, I think most heathcare professionals consider themselves "on duty" 24/7.  If they had NOT responded, they would be violating their oath and possibly facing legal liability.  That being said, I would submit the paperwork for all, and see how far it goes.  At the very least, the Council can issue a Certificate of Merit.

 

There is no legal liability against anyone who does nothing.  Only those that do try and in that case prove negligence.  Of course one could be sued for not doing anything as much as they can be sued for doing something.  It's a frivolous lawsuit either way.  Good Samaritan laws protect the by-stander, but it does not absolve them from paying a ton of legal fees to protect oneself.  It's called being in the wrong place at the wrong time and there's nothing one can do about it.

 

It's really sad, especially when one considers that the WFA certified person is held to a higher standard of accountability than the scouter next to him that hasn't been trained?  They can prove negligence against the WFA person for not following the training exactly as it was in the curriculum whether it was taught or not, but the untrained person can do the best he/she can because there is nothing to compare it to other than what a "untrained prudent person" would do.

 

Just keep it in mind that any mom out there that has put on a Bandaid is a volunteer medical professional according to the BSA.

[gumbymaster 98]

There is no legal liability against anyone who does nothing.  Only those that do try and in that case prove negligence.  Of course one could be sued for not doing anything as much as they can be sued for doing something.  It's a frivolous lawsuit either way.  Good Samaritan laws protect the by-stander, but it does not absolve them from paying a ton of legal fees to protect oneself.  It's called being in the wrong place at the wrong time and there's nothing one can do about it.

 

@@Stosh,

 

This is not true everywhere.  Several states have (or at least when it applied to me did have) a "duty to respond" exception to the Good Samaritan laws.  When they do, medical professionals (including off duty EMTs) often fall under this category.

[Eagle94-A1 2687]

Wanted to give a quick update. Looks like the police report will be useless for documentation. Apparently someone else claimed to jump in and do CPR on the victim.  I'm not happy, wife could care less, but my friend with the police department is TICKED OFF (both emphasis and shouting on his part). He's madder than a hornet's nest because A) the people who deserve the credit are not getting it and B) it's falsifying a police report. But because it's not anything major ( EMS was able to revive him and send him to a hospital) it's not worth the time or energy to correct it.

[Stosh 3452]

@@gumbymaster

 

One has to understand the rules completely.  Failure to respond is vague and inconclusive, but sounds good on paper.  A medical doctor comes across a car accident.  What tools does he have to perform at a level of competence he is used to?  Doesn't need to any more than call in the accident to police.  Every EMT knows to have gloves and self-protection due to blood-borne hazards, An off- duty nurse returning home doesn't have access to self-protection, doesn't need to respond and put herself in jeopardy either. 

 

Just like the Good Samaritan Laws, the individual can still determine whether or not they will get involved and if sued for getting involved or not getting involved, what's the difference?  If sued for getting involved runs the risk of negligence, not getting involved might be an acceptable professional decision.

 

As I mentioned before anyone can get sued for any reason.  Good Samaritan Laws do not cover negligence regardless of training, and as any professional will attest to, protection for self takes precedent over others at all times.