No way! If you feel a rib break just stand your ground and finish them off.
Depends on the country you’re in. Some have Good Samaritan laws; some don’t.
But the truth is: you can always be sued. The only difference is in how far the lawsuit will go before it ends.
And some (for example, most of continental Europe) take it further and have a duty to assist, where if there’s no one more qualified to help you are required to do your best to assist.
the problem is you need to spend legal fees, and time to defend yourself even against a frivilous lawsuit. some people are “vexacious litigious”(legal term for sue-happy) just to drown you in legal fees.
Laws vary by location, without a location we cannot tell you an accurate answer.
So he’s american
Lol
In the US, regular people are covered under good Samaritan laws so, they could file a lawsuit but they’d lose.
The problem being just because you would win doesn’t mean it won’t be debilitating and financially crippling. People online are always very glib about lawsuits. The truth however is being involved in a lawsuit, a real lawsuit, is one of the worst things that could ever happen to you. And Lord help you if the person who’s suing you is wealthier than you by any significant degree. Because in that case you’re going to lose no matter what the law says.
Just start a go fund me. The internet loves to help the little guy fight rich people.
See the section on frivolous lawsuits:
If I slip in Burger King and want to sue McDonald’s for it I can. The case will probably be dismissed but I can certainly try.
The real question is should you worry about getting sued for saving someone’s life. You shouldn’t be worried, we have laws to protect helping people in danger.
As with similar questions, it depends on where you are.
Most places have some version of a good Samaritan coverage for such things, as long as you’re acting in good faith. But not all places do
Legal questions can’t be answered without information on jurisdiction.
Usually the answer is: yes, you can be sued because you can be sued for anything (suing just means: asking a court to award damages, not actually getting them), doesn’t mean the person suing you will get very far.
In the US, you’re typically protected by good Samaritan laws, so a lawsuit could be filed, but it would almost certainly be dismissed outright.
Yes.
In CPR classes and other trainings in which I was taught the Heinrich, you are supposed to get consent from the person choking before performing the maneuver. Usually you ask clearly and loudly, and assume a nod is consent. If the person goes unconscious, consent is implied for giving CPR. Whether that is legally defendable in court if they decide to sue you after the fact, I have no idea.
I would guess that’s as much about making sure you don’t try to perform the Heimlich on someone who doesn’t actually need it, but would probably cover OP’s concern
This is absolutely the primary reason why people are taught to do this. If they’re having something like an anaphylactic reaction, heimlich could complicate things or delay care long enough they die. As a bonus, it can also help with the legal repercussions after the fact too, but that’s secondary to its role in emergency treatment.
There’s another one that’s taught in the same spirit: if someone needs an epi-pen you should put it in their hand and “help them” inject themselves. As I understand it this one does also offer useful legal protection, since very few places with Good Samaritan laws have extended them to cover administration of medication, but its primary use is establishing nonverbal consent to treatment. Either you were helping them treat themselves, or they were so weak they couldn’t prevent you from helping them thus you were helping an incapacitated person to the best of your ability.
Where do you live? In most countries such a case wouldn’t have a chance to end up in court.
You can be sued for anything. It’s the chance of winning that’s important.
You can be sued for whatever, but it’s unlikely to be treated seriously by the judge or jury unless there’s video that could prove the injury was intentional.
First you have to find a lawyer that will take the case, then a judge that doesn’t toss it. Frivolous lawsuits are not common.
It really depends on the laws of where you are and what knowledge you have. A significant portion of the time if you have some nominal level of training, but less than professional training/standing then you’ll be covered by ‘good Samaritan’ laws. (I’m only talking about the U.S.)
If you know nothing about what you’re trying to do then the odds are you’ll still be covered, but don’t do that. If you have professional training/standing then you might be held to a higher standard.
Broadly in the US you would not be liable. There are exceptions such as if help was refused or if you take payment for helping then you can be held liable. And if you do something “grossly negligent” such as breaking an arm for the heimlich then you coulr be liable as well.
I would note that breaking ribs for the Heimlich or CPR is very common if not expected even done properly so even if found liable for other reasons it’d be quite hard for them to be successful at suing you.
I once rescued somebody with the heimlich, and I can’t imagine how I could have broken a rib? I grabbed her below the ribs, pulled hard on the upper belly and the lodged object flew out in an arc.
Many of the people who are more likely to choke are at greater risk. Old people have fragile bones, kids dont leave much room, and fat people can be difficult to assess how hard you’re heimliching. A more stuck morsel can also require greater force. All these factors aside most people err on the side of greater force rather than proper technique.
Rest assured Dr. Henry Heimlich will sue your ass into the ground for using his name for that “maneuver.” It’s to be called the abdominal thrust maneuver.
I was told this during my first aid training. I was also told that if I’m sued, and was following the training I was provided (St John Ambulance, UK) they would cover liability. Only the training though, no tracheotomy with a biro lol. In addition, a quick search says, there has never been a successful case of suing a first aider in the UK, and the SARAH Act has further strengthened this position.
I am a firm believer that anyone that unsuccessfully sues a first aid responder should automatically be sentenced to paying the person double what they sued for. No counter-suit required: A loss just automatically means you have to pay up.
Ah St. John Ambulance, inventor of the Ambulances, great guy.
With this and chest compressions, I always thought that broken ribs were almost a given.
Nah, if you’re breaking ribs with the Heimlich, you aren’t doing it right. The goal is to provide the “push” under the ribs, not to squeeze the chest.
There’s certainly room for it to happen, but it isn’t the default. I’m a big dude, used to be strong enough to heft a 400 pound lady out of the shower floor solo because there wasn’t room for a machine, and nobody else could fit in the shower.
So, when I say I’ve done the Heimlich plenty, and never even cracked a rib, much less that kind of rice krispie fractures possible during chest compressions, it’s saying something.
Side note, it is one hell of a trippy experience sometimes. Like, in the nursing homes, you know you’re going to be doing it plenty, sp it takes on a certain humdrum reality. “Oh, Mr Magoo is choking again, better pop that out. He good now? Yup, he’s fine, digging back into dinner.”
But sitting around someone’s dinner table and they get something stuck, and you clear it, and everyone just goes back to their meal like nothing happened, not even a comment on it? That is trippy as hell.
