KEY POINTS
- The law protects Good Samaritans – never be afraid to help.
- Use common sense: know your limits and be sensible about what you attempt.
- Keep a record of the incident including the times of events and any treatments given.
EXPLANATION
Sadly, we live in a world where people can be afraid to help for fear of getting litigation. The law protects ‘Good Samaritans’, if you act sensibly and within your limits. In some places, we would be more likely to be sued for doing nothing than trying something to help.
It goes without saying that we should try to act with the consent of our participants and always be realistic and proportionate in what we attempt. However, if you have some first-aid skills, then please don’t be afraid to use them.
Keeping notes during an incident is good practice. They help healthcare professionals and accident investigators down the line, and greatly reinforce our position should we have to defend your actions at a later date. Notes do not have to be formal: a simple description of the incident, the state of the casualty and any actions taken would be more than enough. Try to make the notes contemporaneously: either during, or as soon after, the incident as possible. Include dates and times. If you are coordinating the accident management, you may want to assign someone the job of keeping records during an incident.
If you are hesitating about undertaking a particular course of action, then ask yourself – would I want someone to do this to me in this situation? If the answer is yes, then go ahead.
Please also remember to report any incidents to your sport’s governing body – this will help them improve safety for other practitioners in the future.
Consent, Capacity and Refusal
Before touching or treating a casualty, you should obtain consent where possible. An adult who is conscious and appears to understand what is happening can simply say yes or nod. If they refuse help, you must respect that refusal, even if you believe they are making a poor decision. Forcing treatment on a capable adult can amount to battery, regardless of your good intentions.
Things are different where the casualty cannot give consent because they are unconscious, confused, or severely injured. In those situations the law generally assumes that a reasonable person would want life-saving help. This is known as implied consent. You should still explain what you are doing, even if the person appears unresponsive, and continue only with interventions that are necessary and proportionate to the emergency.
For children and young people, consent is usually sought from a parent or guardian if one is present. In a genuine emergency, however, you can act in the child’s best interests where delay would put them at risk. Always document the attempts you made to get consent and the reasons you proceeded without it.
Negligence and the Reasonable Person Standard
The legal test for negligence is not whether your first aid was perfect, but whether you acted as a reasonable person with your level of training would have acted in the same circumstances. You are not expected to perform like a paramedic if you are a basic first aider. The court will look at what was reasonable for someone in your position, not what an expert might have done with hindsight.
The key factors are whether you owed a duty of care, whether you fell below the expected standard, and whether that failure caused harm. If you follow your training, use common sense, and do not attempt procedures you have never been taught, you are unlikely to be found negligent. The law is intended to support people who help in good faith, not to punish them for minor errors made under pressure.
- Act within the limits of your training and competence.
- Do not experiment with techniques you have read about but never practised.
- Continue care until someone more qualified takes over, unless you are in danger.
Duty to Act and Abandonment
For most members of the public there is no general legal duty to stop and help a stranger. This is a common misconception. Unless you have a pre-existing relationship with the casualty, are employed in a role that requires first aid, or you started helping and then left them worse off, the law will not normally force you to get involved. However, many countries and professional codes strongly encourage helping, and abandoning someone after you have started can create real legal and ethical problems.
Once you begin care, you should not stop until a more qualified person arrives, the casualty refuses further help, or you are physically unable to continue. Leaving a casualty in a worse position than you found them, or handing them over to someone who is clearly less capable, may expose you to claims of negligence or abandonment. Brief the person taking over and stay if you can assist further.
If you are a designated first aider at work, in a school, or at an event, you may have a contractual or statutory duty to act. In those roles, refusing to respond to an emergency within your area of responsibility could have legal consequences. Check your organisation’s policies so you know what is expected of you.
Confidentiality, Documentation and Legal Disclosure
Information you learn while giving first aid is confidential. You should not discuss a casualty’s medical details with anyone who does not need to know for the person’s care, the investigation of the incident, or a legal obligation. This applies even if the person is a colleague, pupil, or friend. Gossip or social media posts can breach privacy laws and undermine trust.
Your notes should be factual, dated, timed, and signed. Avoid opinions such as “the casualty was drunk” unless you actually measured or observed clear evidence. Instead write what you saw and heard: unsteady gait, smell of alcohol on the breath, slurred speech. This protects you and gives healthcare professionals useful information without making a diagnosis you are not qualified to make.
You may be asked to share your notes with police, an employer, a coroner, or a court. If you are unsure whether to release them, take advice from your organisation or a legal professional. In most cases, providing an accurate record of what you did is exactly what the law expects of a careful and honest first aider.