Module 1 Aims & legal aspects of first aid

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1 VISUAL 1 Module 1 Aims & legal aspects of first aid First aid is the emergency care provided to an ill or injured person before medical care is available. First aid training teaches you to recognise and respond appropriately to an emergency. The skills are easy to learn and are invaluable to have, whether in the home, at work, in the street, the sporting field or elsewhere. Even basic skills can at times be life saving and the rewards can be immense, especially if the victim is a family member or friend, but even if the person you help is a complete stranger.

2 First Aid Instructor PowerPoint by John Lippmann & David Natoli J. Lippmann & D. Natoli, 2007 All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording or any information storage or retrieval system without the prior written permission from the authors. Lippmann, John. Published by J.L. Publications, a Division of Submariner Publications P/L, ABN PO Box 387 Ashburton, Vic. 3147, Australia. Tel/Fax: ; jlpubs@bigpond.net.au Acknowledgements The authors wish to sincerely thank the following people for their contributions and editorial comments: Dr. David Pescod, Assoc. Prof. John Williamson, Prof. Vic Callanan, Assoc. Prof. Julian White, Dr. Peter Sullivan, Tony Walker and Mick Jackson. Published for the Royal Life Saving Society Australia Suite 6 Level Broadway (cnr Mountain St), Broadway NSW 2007 Tel Fax Royal Life Saving Society Australia wishes to acknowledge the contribution to this publication of RLSS New South Wales through Operations Manager Michael Ilinsky. Royal Life Saving wishes to acknowledge the dedicated and professional team of staff and volunteers who will use this valuable first aid publication to train and assess community lifesavers in schools, communities, corporates and across various industries almost every day.

3 VISUAL 1.1 What is first aid? First aid is the emergency care provided to an ill or injured person before medical care is available. Fi id i i h i d First aid training teaches you to recognise and respond appropriately to an emergency.

4 VISUAL 1.2 Aims of first aid Preserve life Protect the unconscious casualty Prevent further injury or pain Promote recovery Procure medical aid

5 Responsibilities of the first aider VISUAL 1.3 Ensure personal health and safety Maintain a caring attitude Maintain i composure Maintain up to date knowledge and skills (in accordance with State / Territory legislation).

6 VISUAL 1.4 Good Samaritan Law No obligation to act as a Good Samaritan Individuals are under no duty to rescue or provide first aid (unless a duty of care is owed) Please note: variations do exist in State / Territory legislation BUT first aiders have a moral duty to aid fellow human beings in a time of crisis

7 VISUAL 1.5 Negligence Negligence means carelessness, or the failure to behave in the manner expected by the community when dealing with others. Therefore, in a negligence claim, the plaintiff must prove the following: Duty of care Standard of care Foreseeability and proximity.

8 VISUAL 1.6 Duty of care A duty of care arises when, at law, there is sufficient relationship between one person and another. Examples: Teachers and their students Employers and their employees Outdoor adventurers and their clients Motor vehicle users and other road users and pedestrians

9 VISUAL 1.7 NOTE Once a person begins to provide first aid, a duty of care is established and the first aider is required to act in accordance with training and experience, if any.

10 VISUAL 1.8 Standard of care The standard of care has been described as the standard of a reasonable person. This standard means a person is obliged to take such care as a reasonable person, having due regard to the consequences of his or her actions. The following could be used to establish an appropriate standard of care: The amount of training the person has Rules or standards set by authorising groups (e.g. the employer) The evidence of experts (e.g. Australian Resuscitation Council)

11 VISUAL 1.9 Foreseeability & proximity Proximity: involves establishing thatthe the plaintiff s injury is directly linked to the area of the defendant s responsibility. Foreseeability: involves the action or lack of action by a person or persons which results in a risk of injury.

12 VISUAL 1.10 Therefore: First aiders could be expected to: Use reasonable care in assessing the priorities of the situation based on their level of training Take steps to call for further medical assistance Keep the casualty stabilised until medical assistance arrives Follow established treatment and management protocols Not misrepresent themselves or take unnecessary risks.

13 VISUAL 1.11 Consent A first aider must seek permission from the victim prior to providing first aid. If the victim is unresponsive or unable to communicate, the law assumes that consent would have been given by thevictim victim. If the victim is a child, the consent of a parent or legal lguardian should ldbe sought where possible.

14 VISUAL 1.12 Recording First aiders should keep a written record of any incident where they provide first aid. Such records can be used as legal documents in court and therefore should be written clearly, accurately and concisely. REMEMBER: Appropriate confidentiality must REMEMBER: Appropriate confidentiality must be maintained to protect the privacy of the victim.

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