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Re: [E-Chir] Pennsic XXXV legal issues of care in the US

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  • Kim
    During this past Pennsic, I had the chance to explore the legal ramifications of providing first aid care in the US. ::mutters:: In depth. Yes, we can all
    Message 1 of 2 , Sep 12, 2006
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      During this past Pennsic, I had the chance to explore the legal ramifications of providing first aid care in the US. ::mutters:: In depth. Yes, we can all agree that the Americans and their legal system are wacked. But I think that there was also a lot of over-reaction.
       
      As officers of the Society, warranted chirurgeons, and first aid providers, we are covered under the Volunteer Protection Act (1997) which is *federal*. This states that as long as we act within the limits of our training, we are covered by SCA insurance and legal protections in the case of litigation. Basically, good samaritan. I can speak from personal experience of being named in a lawsuit many years ago that came to absolutely nothing because nothing I did was outside Standard First Aid, my certification at the time. Oh, and my name was removed even before that was decided because I am a Canadian and the legal trouble of suing across a border for this sort of thing was ridiculous.
       
      Their medical system has its problems too. I've heard the 'don't have insurance' comment too many times to count. But that doesn't mean we go outside first aid. That is their choice, and I feel dreadful about it, but better they at least get some competent first aid care than nothing at all. And if we recommend medical care and they refuse, and record that in the paperwork, well we've done our part.
       
      There will be fallout from this Pennsic, I'm sure. At the Society and the Board level. But we still do first aid, and the Society will still protect us in Canada and the US.
       
      As to the great antibiotic cream discussion, well I've always cleaned with the appropriate soap water etc, and if the person asks, will provide the cream to them after asking if they've used it before and about allergies. But I don't offer it. If they miss it they can get some later at the drug store, better brand too. So I don't think its too much of a fuss no matter how worked up some *other* lists are getting about it. ::grins:: Such tempests in teapots.
       
      Kaellyn
       
       
       
       
       
    • Streonwold Wulfesbana (mka Steve Benetti)
      ... about tempest in teapots ... and I agree that the great triple antibiotic debate and such issues as discussed, ad nauseum, on other lists are minor
      Message 2 of 2 , Sep 12, 2006
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        --- In E-Chir@yahoogroups.com, "Kim" <viscountessk@...> wrote:
        about tempest in teapots

        ... and I agree that the "great triple antibiotic debate" and such
        issues as discussed, ad nauseum, on other lists are minor irritants in
        the grand scheme of things.

        What bothers me the most is how every discussion (on other lists)
        comes down to "experts" debating the legalities and liabilities of
        every issue. It has even got to the ridiculous point where our Board
        of Directors has ruled that our Apprentices, Warranted Chirurgeons and
        Master Chirurgeons be granted new "politically (or perhaps legally)
        correct" titles. When the law (which, after all, Mark Twain said, "Is
        an ass"), or the lawmakers, or the laws' arbiters, can summarily
        change a 40 year old tradition because "Someone might misunderstand"
        it's time to recognize that there are some countries where it's not
        worth putting your ass on the line for a game.

        As for remembering that I am there to do first aid, I always stand
        ready to deliver quality first aid, when it's needed, and within the
        limits of my training and abilities. I'm never far from a first aid
        kit, and can readily improvise when necessary. And that has nothing
        to do with the Chirurgeonate, nor the game that we play that contains
        the Chirurgeonate. First aid is not a game.

        Streonwold (I knew I could start a discussion here)
        "First kill all the lawyers"
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