2007- Jonathan Andrew A Evans

LIFEGUARD & THE LAWLIFEGUARD & THE LAW

WHAT HAPPENS AFTER THE RESCUE?WHAT HAPPENS AFTER THE RESCUE?

ActivityActivity• Chapter 8 Lifeguard & the Law

• In three-four groups go through the Lifeguard & the Law and come up with 5 questions to ask the other group.

• You should get questions that the other group may not be able to answer.

• Then one at a time you will ask the other group the questions and the other group has 30seconds-1minute (can use book)

Society & LawsSociety & Laws

Litigious Society: were becoming more willing to blame others for our problems and suing more

Criminal Law: an act against an individual or organization, which offends society, is considered and act against society.

Tort Law: is concerned with the injury to a person, body, property, or reputation by another individual.

Legal Awareness: a state in which, one has knowledge on and is well informed of relevant matters which are required or appointed by law.

• Legislation: The act of making or enacting laws, which are made by the different levels of government

• Regulations: writing the penalties for breaking the law and how they are going to enforce these laws

• Policies: made by the organization

• Procedures: how we can grantee that these laws etc will be met.

• Rules: Standards that are practiced

• Consent: You must have permission from an give first aid / emergency care. If the person cant give consent it is applied consent (minor no parent).

• Refusal of Care: some ill or injured people may refuse care. You must respect their wishes. Document and contact EMS to deal with situation.

• Abandonment: once you start care you must continue until EMS arrives, or someone more trained takes over. You can be held legally responsible for leaving or stopping giving care.

• Confidentiality: while making a rescue or giving care, you may learn an ill or injured person that is confidential. Do not share information with anyone, except Law Enforcement and EMS

• Record Keeping: documenting injuries and incidents is very important. If legal action occurs later on, a record can also provide legal documentation of what you saw, heard, and did.

• Be familiar with the forms at your facility and know how to complete them.

• Types of Records: – Minor Accident Form– Major Accident form – Incident / Compliant

Record Keeping / DocumentationRecord Keeping / Documentation

1. What is meant when people say we are becoming a litigious society?

2. What is the difference between Tort and Criminal Law?

3. What is the difference between legislation and regulations?

4. Why should you get consent and what do you do if some one refuses help?

5. Why is it important to keep records?

Review QuestionsReview Questions

Duty of CareDuty of Care

• The law requires lifeguards to exercise care towards others and to protect them from unreasonable risk or injury.

• This must be foreseeable; a reasonable professional should be able to foresee possible dangers, which represent a risk to the participants.

• Being able to foresee possible dangers of risk is a major part in a successful risk management program.

Negligence: an unintentional harm caused by a failure to meet the standard of care.

Negligence- 4 conditions must BE MET:1. Defendant owed duty of care to plaintiff

2. The defendant breached that duty

3. Injury or damage did occur.

4. Breach was proximate cause of injury

Establish that the duty of care was breached: 1. Establish a minimum standard and determine if breached

2. Through a Reasonable Persons Test

3. Professional Standard of Care not met

4. Improper Supervision

5. Improper or lack of maintenance of equipment & Facilities

DamagesDamages

• For the court to award money to plaintiff, that person must have experienced injury to their person or their property

• Damages are assessed for financial loss as a result of – The medical expenses past and in future– The cost of extended care past and future – Physical Impairment

1. What is a duty of care?

2. What is Negligence?

3. What must have happened to the plaintiff for the court to award money?

4. How are the damages assed?

Review QuestionsReview Questions

ActivityActivity

• You will be given a pretend rescue

• 2 groups, one person will be the judge, one person the plaintiff and lawyer, and defendant and judge.

• The lawyers and plaintiff/defendant will plan and argue their case in a mock court.