GEORGE TOWN: Someone near you suffers a sudden cardiac arrest, so you perform CPR on the person.
However, if the situation goes awry, you as the first responder or rescuer may get sued for negligence later.
“With litigation becoming a norm, first responders and bystanders face a risk of civil liabilities when all they wanted to do was help someone facing an emergency.
“It is for this reason that we commend the government for drafting the Good Samaritan Law because it will give people more confidence to render first aid,” said Datuk Dr Luah Lean Wah, who is the president of the Penang Heart Safe Society, a group that focuses on ensuring that people are trained to perform CPR and use an automated external defibrillator to save those suffering from cardiac arrest.
She said not many countries had such a law, leaving rescuers at risk legally.
“With the Good Samaritan Law enacted, first responders in Malaysia need not fear legal repercussions,” she said.
On Saturday, Health Minister Datuk Seri Dr Dzulkefly Ahmad spoke about the need for a Good Samaritan Law as it was a way to encourage people to help those in emergency situations without fear of legal consequences.
First aiders and safety groups said the law is necessary because it removes the fear of legal consequences for those who step in to help during emergencies.
Citing an example, St John Ambulance of Malaysia executive manager Kevin Peter Ryapan said there is a possibility of rib injuries during CPR which could be used as a factor in filing lawsuits for monetary benefits.
“Therefore, such a law should protect the patient and the person administering help.”
Without such a law, he said volunteer first aiders can be held liable should something go wrong.
However, he said the person who wish to assist must be a qualified person, trained in first aid or with the right knowledge.
“This is to ensure that the right and correct treatment is given. This is also to protect the victim,” he said.
For instance, he said first aiders are not supposed to move a patient (of a road accident) until they are sure the person has no back or neck injury or other injuries that can be aggravated if mishandled.
Kevin Peter said the group has had concerns for years over the lack of a Good Samaritan Law.
“We had been trying to get the government to look into it and now that the minister has made such an announcement, we are quite happy about it,” he said when contacted.
Medico-Legal Society of Malaysia president Shanti Abraham said there is a need for legislation which expressly protects the Good Samaritan.
“There should be immunity from claim for any accidental injury despite following reasonable or necessary steps to avert further or worse injury,” she said.
Lawyer Rajesh Nagarajan said such a law would encourage bystanders to help without fear of being sued, as long as they act with reasonable care.
“However, the legislation in most countries does require that the rescuer act in good faith,” he said.
He said that to his knowledge, there had been no reported cases so far in Malaysia about victims suing their rescuers.
Alliance for a Safe Community chairman Tan Sri Lee Lam Thye said all relevant stakeholders such as healthcare professionals, legal experts and community groups should be engaged to draft a comprehensive law.
“Public education campaigns should accompany the legislation to ensure that Malaysians understand their rights and responsibilities under this law,” he said.
He believed that such a law would inspire greater compassion, accountability and unity among Malaysians.
It represents a vital step in encouraging civic responsibility as well as fostering a culture of compassion and care, he said.
“It can also promote a sense of collective responsibility and strengthen the moral fabric of our community and reduce the hesitation to act,” he said, adding that the law could complement public health strategies by encouraging timely assistance.
However, Lee cautioned that there is a possibility that some individuals may misuse the law to avoid accountability for negligent actions, adding that the law must only apply to acts of good faith.
Lee said proper education about the law and basic emergency response skills must be provided to avoid misunderstandings or missteps.
