Oddly enough, I haven't seen anything in the news online about this, but I heard on The Road Dog Trucking Radio recently that a trucker suffered a heart attack at the Petro in North Little Rock, AR. There were other drivers there who are trained in CPR, one in particular is a volunteer EMT First Responder when he's off the truck. There was a defibrillator on the wall, but the manager refused to allow anybody to help out of fear of getting sued. This manager also admitted that he doesn't know how to use the defibrillator. It took the local EMT's 10 minutes to get there. By then, it was too late. The man later stopped breathing and died. Now, there's a possible law suit on the way against the manager for preventing the man's life from possibly being saved. I have to say, I'm saddened and disappointed by this. After hearing this, I will NEVER stop at that Petro again. If my company asks me to get fuel there, I'll just simply ask for another fuel stop, out of principal.
The reason I mention this is because I'm wondering if anybody else has heard about this and knows what's being done about it. I would be interested to know if the manager got fired, the Petro sued, etc.
Driver Dies of Heart Attack at Petro in North Little Rock, AR
Discussion in 'Truckers News' started by TruckingJohn, Oct 21, 2012.
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I listen to 106 frequently......I heard a trace of this story however it didn't stick out to me, most likely because I missed the manger involvement twist. I'd be interested in hearing the end results...thanx for the info.
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This is sad and crazy, but my question is why didn't the manager insinuate the the guy helping not get the defibrillator. The Manager could be sued (for handing the defibrillator to the guy) and so could the guy giving CPR (for giving CPR). Thats one thing I learned in CPR class is you have to ask the person needing CPR or help if you may help them first, if you don't they can sue you! Sad story. If I were the guy giving CPR and the manager told me no, I would have jumped the counter and got the darn defibrillator myself.TRKRSHONEY Thanks this.
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They need to stop these frivolous lawsuits by forcing the person who brought the lawsuit to pay all court costs and to pay the opposing party's legal fees if that person loses the suit. Instead, all our elected officials do is discuss birth control and binders.
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lol. I totally agree with you. I don't understand why someone trying to save you life will be sued, but it happens all the time. They say well when he was giving me CPR he cracked my ribs (lawsuit). Crazy!!
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I can only speak about Arkansas, Tennessee, and Mississippi. These three states have good Samaritan laws. If your trying to save someone's life and it can not be proven negligence on your part you can not be sued. Auto difibulators can not be misused. If it does not detect a shockable rythym it WILL NOT issue a shock. So yes the manager is screwed if this happened they way the story reads.
Sent from somewhere out thereNewtrucker83, drvrtech77 and TRKRSHONEY Thank this. -
The manager is an idiot.
In other words, Petro is liable if they did not provide training in the use of the defibrillator to the manager and any other employees who might need to use it. Also, the manager and other employees who could be expected to use the defibrillator should have been CPR certified as well.
In other words, NOBODY responding to an emergency situation by rendering aid to someone in need of medical care is going to be able to be sued, as long as they act as an ordinary, reasonably prudent person.
The manager (along with Petro for employing him) could very well be sued due to his actively preventing others from rendering aid....ESPECIALLY since one of the people trying to respond to the medical emergency is a trained professional who very well may have been able to save the man's life.Maria Joseph and Newtrucker83 Thank this. -
This is EXACTLY true and what I'm talking about!
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Incorrect.
Once a person has been deemed incapacitated, then a legal doctrine called 'implied consent' applies. To determine incapacitation when a person is responsive, I relied on establishing whether my patient was alert and oriented by asking them three questions. First, 'what day is it?' Second, 'where are you?' Third, 'what is your name?'. If my patient could not answer all three questions correctly (within reason, as sometimes even _I_ have a hard time with what day it is...), then I would proceed to render aid under the implied consent doctrine.
Ask your CPR instructor about 'implied consent'.Last edited: Oct 21, 2012
NavigatorWife and Maria Joseph Thank this. -
First off, if someone needs CPR they aren't going to say, "Yes, give me CPR!" Who ever taught this class is a fool. The manager is also a fool for not letting them use the AED. It's not a wall decoration, its a life saving device! You open it up it speaks and tells you what to do! It's not rocket science.
Also, most if not all states have something called good Samaritan laws which will not allow you to be sued for helping someone in need. If it was me I'd have just grabbed the AED off the wall.
I'm not quite clear, did the manager stop people from giving him CPR or just stop them from using the AED? More details, I'd like to hear the other side of the story.TRKRSHONEY Thanks this.
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