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Theoretical medical question (emergency first aid)?

Suppose you're at a picnic, and someone you don't know begins choking on a hot dog. The are unable to breath, and you attempt the Heimlich manoevre several times without success. It appears that no one else in the area is able, nor volunteering to help.

After 90 seconds, the choking person's lips and skin become cyanotic (blue), indicating that they are nearing death. At the last moment, you successfully perform a tracheostomy with a fishing knife, restoring their airway (you are not a doctor, nurse, or paramedic).

An ambulance arrives minutes later, taking the patient to the hospital. You later find out that during your tracheostomy, you damaged the person's pharynx, and they will be unable to speak for the rest of their life.

Suppose the person sues for damages, given that they are now mute. Is it likely that they will be awarded any compensation? Why or why not?

PS - This is purely theoretical. I'm just curious what might happen.
spaznskitz: Do you really think so? The only two choices here would be to do nothing and let the person die, or to take the last emergency measure after both manual removal (fingers down throat) and the heimlich failed. One option is certain death, the other gives the person a chance.

Besides, after lips start turning blue, you are flirting with permanent brain damage, and very close to death. I know of no ambulances that can get to some random picnic location in anywhere close to the amount of time that would be needed to save the person's life. You know that after about 4 minutes without air, you're pretty well toast, right?

Public Comments

1. Some states have what is called "the good Samaritan"law.
It protects people from lawsuits when trying to save another persons life even though it causes damage.
Many others allow the "good Samaritan"defense in such lawsuits.

2. you would have had no right to do a medical procedure like that when you aren't even licensed to do so - not only could they be awarded damages, you could be arrested for "practicing medicine w/o a license".

it wasn't a warzone - it was a picnic.

even if the person collapsed unconsious, the paranmedics have the equipment to clear the airway and resume resperatory function....without slitting someone's throat open.

if you broke some ribs or punctured a lung while trying to do the Heimlich - different story.

3. There are good samaritan laws and all of that protect someone trying to help. Be it CPR or whatnot. But a surgical procedure would take much proof.

I have been trained to do most anything medical wise in the military. But it is unfortunate that in this day and age that in the civilian world it would be often be best to just let a person die rather than help. If they survive they can sue you for everything that you have.

Wife, family or close friend..... I would do anything and deal with the stuff later. I don't want to be cold but with strangers I would not. Once I actually pulled a guy from a burning car near where I lived. If I had not done so he would have been dead in 3 minutes. He tried to sue me but the judge got the point.

4. I am not a lawyer but am a CPR instructor.

It takes about 10 minutes for permanent brain death to occur from lack of oxygen, and only 8.5 minutes for EMS to arrive in most cases. Your victim will pass out long before they die.

The Good Samaritan Law protects people who act in good faith, within the guidelines of their training, and behave like a reasonable and prudent person would.

Performing an emergency surgery in a place of the body rich in nerves and blood vessels is not reasonable or prudent. Do you know where to do the incision, how deep to go, how to keep the incision open, etc.?

If you do a trach in the wrong place, it may not relieve the choking, and may easily result in instant death. Again, neither reasonable nor prudent.

If the Heimlich is done properly, it is usually effective. If the victim DOES pass out (which, again, they will do several minutes before dying), you can do the Unconscious Choking Technique- currently 30 CPR-like compressions followed by checking the mouth and removing anything found, then trying 2 rescue breaths. Repeat as needed.


If you were trained in rescue techniques, first aid, or CPR, you should have remembered all of this and will indeed be liable because you attempted a more dangerous option rather than following protocol.

By choosing a dangerous technique that you were completely untrained for, you will be liable.

I sometimes get exactly this question in class- often based on an old M*A*S*H episode. What people forget is that Fr. Mulcahey was in radio contact with a doctor (Hawkeye) and following instructions step by step.