Not assisting a dying person

[TwigtheWonderkid]

Re a recent storyline on Coronation St (yes, I'm addicted, I admit it), someone you dislike has a heart attack in front of you. Are you braking any laws by just doing nothing and just watching them die, as opposed to calling an ambulance or whatever.

[Drumroll]

I think that would be one for the courts to decide. so many "if's and but's and depending on the police force (look at recent news)

[Boosted LS1]

I don't think there's a law that says you have to help anybody.

[xxChrisxx]

How would the courts decide? And what exactly would they be deciding you did or didn't do? How would they prove it?

I'd also point out that if you find yourself in court, you must have been charged with something.

[AndrewEH1]

Drumroll said:

I think that would be one for the courts to decide. so many "if's and but's and depending on the police force (look at recent news)

Eh?

I guess the real consequence would be living with your actions or inactions. IIRC France has good Samaritan laws meaning you have to do something to help but the UK doesn't have any.

[eybic]

I don't think there is a law in the UK that states you HAVE to help someone.

I know in France and possibly Spain, it's an offence not to help someone. I'm sure it came about when Diana died and people were standing around taking photos.

[CAPP0]

I guess you could be paralysed with shock at the sight unfolding before you?

[4rephill]

Drumroll said:

I think that would be one for the courts to decide. so many "if's and but's and depending on the police force (look at recent news)

So which Law would the Police charge you under for failing to help?:

The: "Failing to phone an ambulance" act?
The: "Uncaring ba$tard" act?
The: "Couldn't be arsed to help" act?
The: "Failing to help someone live" act?
The: "Failing to know CPR" act?

Please, feel free to quote the Law that states you have a legal obligation to assist someone who is injured or possibly dying - I'm pretty certain that you're going to struggle on that one!

At an inquest you would probably come under heavy criticism for failing to help someone, but you won't have committed a crime.

[xxChrisxx]

eybic said:

I know in France and possibly Spain, it's an offence not to help someone. I'm sure it came about when Diana died and people were standing around taking photos.

This just strikes me as a massive can of worms. RTA motorcyclist on the floor. Someone doesn't know what to do, removes helmet/moves them, neck snaps. Situation is now worse than offering no assistance.

Do you only help if you know what to do?
What level of assistance constitutes 'helping'?
What if you 'help' and they die anyway?
What if you 'help' and they die as a consequence of your actions?

Edit: Just did a bit of googling, as I understand a 'good Samaritan' law is more a protection for those that do help, rather than an obligation to act.

Edited by xxChrisxx on Friday 25th November 12:49

[Riley Blue]

I'd be doing CPR until my arms dropped off, even on my worst enemy - not that I have any.

[4rephill]

Riley Blue said:

I'd be doing CPR until my arms dropped off, even on my worst enemy - not that I have any.

So if someone had attacked one of your nearest and dearest, severely injuring them or even killing them, and then proceeded to have a heart attack, you'd do everything in you power to help the assailant live? - Really?

[Aretnap]

xxChrisxx said:

Edit: Just did a bit of googling, as I understand a 'good Samaritan' law is more a protection for those that do help, rather than an obligation to act.

There are two different types of law which are commonly referred to as "good Samartian laws" - those which seek to protect those who help (eg to stop you being sued for breaking someone's ribs while performing CPR) and those which impose an obligation to offer assistance of some form. Both exist in various jurisdictions. See here for some examples of the latter.

[tigger1]

There are no Good Samaritan laws in the UK (yet). There ought to be (IMHO).

Many other countries in Europe do though.

ETA: Beaten to it (see above)

[FGB]

TwigtheWonderkid said:

Re a recent storyline on Coronation St (yes, I'm addicted, I admit it), someone you dislike has a heart attack in front of you. Are you braking any laws by just doing nothing and just watching them die, as opposed to calling an ambulance or whatever.

If the wife was having a heart attack I supposed I could call an ambulance - Once the footy had finished

[Rovinghawk]

FGB said:

If the wife was having a heart attack I supposed I could call an ambulance - Once the footy had finished

Waste of a stamp IMO

[Riley Blue]

4rephill said:

Riley Blue said:

I'd be doing CPR until my arms dropped off, even on my worst enemy - not that I have any.

So if someone had attacked one of your nearest and dearest, severely injuring them or even killing them, and then proceeded to have a heart attack, you'd do everything in you power to help the assailant live? - Really?

I was obviously referring to the OP's scenario, i.e. someone I dislike however I couldn't dislike them if I didn't know them. As I don't know anyone who would want to attack my nearest and dearest my reaction to someone who did is likely to be different.

[Drumroll]

What I meant by my earlier post was if two people who don't like each other got into an argument and one had a heart attack/stroke. then the police may be interested if they felt the other person had contributed to their death. During that investigation the question may come up why didn't they call the emergency services or actually help him. That's all.

[amancalledrob]

Riley Blue said:

I'd be doing CPR until my arms dropped off, even on my worst enemy - not that I have any.

What, arms? Sorry

4rephill said:

So which Law would the Police charge you under for failing to help?:

The: "Failing to phone an ambulance" act?
The: "Uncaring ba$tard" act?
The: "Couldn't be arsed to help" act?
The: "Failing to help someone live" act?
The: "Failing to know CPR" act?

Please, feel free to quote the Law that states you have a legal obligation to assist someone who is injured or possibly dying - I'm pretty certain that you're going to struggle on that one!

At an inquest you would probably come under heavy criticism for failing to help someone, but you won't have committed a crime.

Could it be shown that you were negligent if you didn't call an ambulance?

[Devil2575]

tigger1 said:

There are no Good Samaritan laws in the UK (yet). There ought to be (IMHO).

So long as they don't apply if a member of UKIP needs help

I wouldn't piss on Farage if he was on fire.

[Mr GrimNasty]

I gave the answer on the coronation street thread.

There is no offence of omission in the UK, so normally, if you walked by someone in the street and did nothing you can't be prosecuted.

If you are in a position where you have a legal duty of care or some contract, then yes it can be an offence.

Parent/child, Doctor/patient etc.