How do you do this without a Batman Utility Belt?

[Erick Gelhaus]

Case law? Go find some shithouse lawyer if you want that.

Thank you.

[Trooper224]

Double.

[Cypher]

Can I ask what legal doctrine or case law citation you are basing that on? What about family, friends, co-workers? Does Kansas not have good samaritan laws?

A friend of mine dislocated his knee in gym class when I was in high school (1980's) even then the teachers did not touch him. The gym teacher held his hand while they waited for the paramedics and that was the extent of the first aid.

I don't know but I would bet that the school has a standing policy that only designated persons are to provide aid to students.

The parents don't need a valid case to sue they just need a lawyer who will take the case. Even if the defendant wins the legal bills are likely to bankrupt them.

[Erick Gelhaus]

A friend of mine dislocated his knee in gym class when I was in high school (1980's) even then the teachers did not touch him. The gym teacher held his hand while they waited for the paramedics and that was the extent of the first aid.

I don't know but I would bet that the school has a standing policy that only designated persons are to provide aid to students.

The parents don't need a valid case to sue they just need a lawyer who will take the case. Even if the defendant wins the legal bills are likely to bankrupt them.

The carry of med gear, and it's potential use, prompted this whole thread drift. Hopefully one has some level of medical training - like Red Cross 1st Aid or CPR or better - if they are carrying medical gear. Anyway, I was curious about Kansas law, specifically a Good Samaritan statute. Given the response, I figured I should look it up. I came across the following:

K.S.A. § 65-2891 :
Emergency care by health care providers; liability; standards of care applicable.

(a) Any health care provider who in good faith renders emergency care or assistance at the scene of an emergency or accident including treatment of a minor without first obtaining the consent of the parent or guardian of such minor shall not be liable for any civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care.

(b) Any health care provider may render in good faith emergency care or assistance, without compensation, to any minor requiring such care or assistance as a result of having engaged in competitive sports, without first obtaining the consent of the parent or guardian of such minor. Such health care provider shall not be liable for any civil damages other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care.

(c) Any health care provider may in good faith render emergency care or assistance during an emergency which occurs within a hospital or elsewhere, with or without compensation, until such time as the physician employed by the patient or by the patient's family or by guardian assumes responsibility for such patient's professional care. The health care provider rendering such emergency care shall not be held liable for any civil damages other than damages occasioned by negligence.

(d) Any provision herein contained notwithstanding, the ordinary standards of care and rules of negligence shall apply in those cases wherein emergency care and assistance is rendered in any physician's or dentist's office, clinic, emergency room or hospital with or without compensation.

(e) As used in this section the term "health care provider" means any person licensed to practice any branch of the healing arts, licensed dentist, licensed optometrist, licensed professional nurse, licensed practical nurse, licensed podiatrist, licensed pharmacist, licensed physical therapist, and any physician assistant who has successfully completed an American medical association approved training program and has successfully completed the national board examination for physician assistants of the American board of medical examiners, any licensed athletic trainer, any licensed occupational therapist, any licensed respiratory therapist, any person who holds a valid attendant's certificate under K.S.A. 65-6129, and amendments thereto, any person who holds a valid certificate for the successful completion of a course in first aid offered or approved by the American red cross, by the American heart association, by the mining enforcement and safety administration of the bureau of mines of the department of interior, by the national safety council or by any instructor-coordinator, as defined in K.S.A. 65-6112, and amendments thereto, and any person engaged in a postgraduate training program approved by the state board of healing arts.

[Cypher]

The carry of med gear, and it's potential use, prompted this whole thread drift. Hopefully one has some level of medical training - like Red Cross 1st Aid or CPR or better - if they are carrying medical gear. Anyway, I was curious about Kansas law, specifically a Good Samaritan statute. Given the response, I figured I should look it up. I came across the following:

K.S.A. § 65-2891 :
Emergency care by health care providers; liability; standards of care applicable.

(a) Any health care provider who in good faith renders emergency care or assistance at the scene of an emergency or accident including treatment of a minor without first obtaining the consent of the parent or guardian of such minor shall not be liable for any civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care.

(b) Any health care provider may render in good faith emergency care or assistance, without compensation, to any minor requiring such care or assistance as a result of having engaged in competitive sports, without first obtaining the consent of the parent or guardian of such minor. Such health care provider shall not be liable for any civil damages other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care.

(c) Any health care provider may in good faith render emergency care or assistance during an emergency which occurs within a hospital or elsewhere, with or without compensation, until such time as the physician employed by the patient or by the patient's family or by guardian assumes responsibility for such patient's professional care. The health care provider rendering such emergency care shall not be held liable for any civil damages other than damages occasioned by negligence.

(d) Any provision herein contained notwithstanding, the ordinary standards of care and rules of negligence shall apply in those cases wherein emergency care and assistance is rendered in any physician's or dentist's office, clinic, emergency room or hospital with or without compensation.

(e) As used in this section the term "health care provider" means any person licensed to practice any branch of the healing arts, licensed dentist, licensed optometrist, licensed professional nurse, licensed practical nurse, licensed podiatrist, licensed pharmacist, licensed physical therapist, and any physician assistant who has successfully completed an American medical association approved training program and has successfully completed the national board examination for physician assistants of the American board of medical examiners, any licensed athletic trainer, any licensed occupational therapist, any licensed respiratory therapist, any person who holds a valid attendant's certificate under K.S.A. 65-6129, and amendments thereto, any person who holds a valid certificate for the successful completion of a course in first aid offered or approved by the American red cross, by the American heart association, by the mining enforcement and safety administration of the bureau of mines of the department of interior, by the national safety council or by any instructor-coordinator, as defined in K.S.A. 65-6112, and amendments thereto, and any person engaged in a postgraduate training program approved by the state board of healing arts.

Good to know. I'm not putting my hands on a kid without expressed written consent from the parents.

YMM (and very likely does) V

[CLaw]

Great information. Thank you all. It has given me a lot to think about. I guess I should have provided some clarification. I am not referring to providing medical aid to a student when a nurse or paramedics are readily available, even though we don’t always have full time nurses at our schools. I was referring to the potential of an active shooter situation. Our county, at the decision of our Board of Education and superintendent is providing ALICE training and medical training to include the use of a tourniquet and wound packing. I assumed, perhaps foolishly, that this acknowledgement and mandated training came with an expectation to render assistance in these situations. I never really thought about it from the realm of personal liability. Even then, if I was completely liable, I don’t know if I could sit by and watch a kid bleed out without trying to render assistance. I plan on getting additional medical training and looking into this issue further.

[Cypher]

Great information. Thank you all. It has given me a lot to think about. I guess I should have provided some clarification. I am not referring to providing medical aid to a student when a nurse or paramedics are readily available, even though we don’t always have full time nurses at our schools. I was referring to the potential of an active shooter situation. Our county, at the decision of our Board of Education and superintendent is providing ALICE training and medical training to include the use of a tourniquet and wound packing. I assumed, perhaps foolishly, that this acknowledgement and mandated training came with an expectation to render assistance in these situations. I never really thought about it from the realm of personal liability. Even then, if I was completely liable, I don’t know if I could sit by and watch a kid bleed out without trying to render assistance. I plan on getting additional medical training and looking into this issue further.

I assumed from your post that you took it upon yourself to bring medical supplies to work

If the school board put you through the training I would assume that they would accept liability.