Stuck: How a Lack of Good Samaritan Laws Reduces Good Deeds

In one of the least-pleasant stories we've seen in a while, a woman died after getting her head stuck in between the bars of a white traffic barrier. Compounding the situation was that crowds gathered to look, but no one offered assistance. Police finally arrived after 30 minutes, but the woman was pronounced brain dead on Thursday morning.

While it's possible to jump to some negative cultural conclusions, there's an important lesson here for would-be rescuers in China: a Good Samaritan Law. In simple terms, a Good Samaritan Law offers legal protection to passersby and lay people who offer assistance in an emergency, within the scope of their training. For example, if someone with training performs CPR during an emergency, and the victim survives but has his or her ribs cracked in the process (a common occurrence), the rescuer cannot be sued for injuring the victim.

Without that legal protection, many otherwise willing people turn away from rendering assistance in emergency situations. Beijing also has a low rate of CPR and first aid training, including among security personnel at commercial and residential estates.

China even seems to have an anti-Good Samaritan legal ruling on the books, according to Ministry of Tofu:

Quote:
In 2006, a young man named Peng Yu in Nanjing was sued by an old woman he helped in the street for medical costs, who later claimed Peng Yu was the person who knocked her down. The court ruled that Peng must be at fault, because, as the court said, 'According to what one would normally do in this case,' Peng would have left instead of staying with the woman for her surgical check if he didn’t do it, 'His behavior obviously went against common sense.'

When deciding to act in any emergency situation, the would-be rescue must consider two things: the level of physical risk, and the level of legal risk. No one is obligated to assist in these situations, as much as we may or may not feel compelled. When in doubt, simply call 120 to summon qualified emergency personnel as quickly as possible.

Disclosure: Steven Schwankert, an Emergency First Response Instructor Trainer, is Managing Editor of the Beijinger.

Image: MinistryofTofu.com

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Woman brain dead after having head stuck in guardrail near Beijing bus stop

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