Legal issues in CPR Liability and Consent.

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Presentation transcript:

Legal issues in CPR Liability and Consent

Liability Unheard of: No duty to rescue a stranger; Doing CPR can’t make the situation worse than not doing it. Good Samaritan legislation in every state requires only ‘good faith’ attempt.

No implied consent Necessity: Where you cannot communicate with the patient then it’s lawful to provide treatment that is reasonable and in the patient’s best interests. But not if it’s contrary to the patient’s known wishes (In Re F [1990] 2 AC 1).

Consent The issues is not likely to be relevant to a cardiac arrest on the street; but If a person has refused consent – and taken steps to communicate that wish - then it should be honoured (Malette v Shulman [1990] 67 D.L.R. (4th) 321) No requirement for particular form Legislation in some states adds to and does not replace the common law.

Thank you for your attention Dr Michael Eburn ANU College of Law Australian National University CANBERRA (But coming to you today from: The Disaster and Development Network Northumbria University Newcastle-upon-Tyne, UK). Ph: + 61 409 727 054 E: michael.eburn@anu.edu.au