Woman sues over first aid - assault (1 Viewer)

[katie tully]

Queensland woman sues Lorne surf carnival over volunteer first aid; says it was assault | Queensland | News.com.au

A QUEENSLAND woman given emergency first aid by St John Ambulance officers while visiting Victoria is suing and says her treatment was unlawful assault.

Brodie Cambourne, 34, alleges volunteer medics permanently damaged her shoulder when they rushed to assist her at a Lorne surf carnival.

Queenslander Ms Cambourne has launched legal action in Victoria's County Court seeking compensation, The Courier-Mail reports.

The incident allegedly took place during Rescue 06 - the world lifesaving championships held at Lorne in February 2006.

Ms Cambourne was representing Australia in several events, including surf ski races and a beach relay.

She claims to have dislocated her shoulder during one of the events and alleges the St John Ambulance volunteers who tried to help made the injury worse.

Surf Life Saving Australia and the Lorne Surf Life Saving Club are named as co-defendants in the lawsuit.

The writ claims treatment administered by the unnamed first-aid officers constituted "unlawful assault and battery".

She alleges the St John Ambulance staff were negligent in causing or permitting injury to her during treatment.

Ms Cambourne claims to have suffered permanent shoulder damage, ongoing pain and discomfort, a loss of motion and nervous shock.

The qualified exercise physiologist is understood to have needed several operations.

Her solicitor, Barrie Woollacott, of Slater & Gordon, said yesterday the case was unusual and raised an interesting principle.

"If people are going to provide first aid it's important they don't step beyond their capabilities in circumstances where it might make matters worse," he said.

Ms Cambourne did not wish to speak publicly about the lawsuit.

St John Ambulance chief executive Stephen Horton said the charity had not yet been served with legal paperwork.

"We are unaware of the action at this time and so cannot comment," he said.

Surf Life Saving Australia spokesman Sean O'Connell said he could not comment specifically on the pending case, but he said all SLSA events operated under a stringent risk management framework, including provision of trained volunteer water safety and first aid officers.

Nuttier than a squirrel turd, but does she have a case? How can they prove that the ambulance officers injured the arm more ... Couldn't these existing problems be related to having dislocated it in the first place? Paramedics can administer drugs, IV lines and can intubate, so is it unreasonable to think that a dislocated shoulder is out of their capabilities

 

[katie tully]

This is why I have made it my duty to never render first aid to anybody unless given explicit permission. it's a bit hard if they're unconcious, but I have heard of people suing people who came to their aid, because they weren't given permission to perform CPR or some shit, idk.

Also blood. I will render CPR to any person I find, but I will not administer mouth to mouth when I don't know the person/there is blood. TBH, mouth to mouth is pointless anyway. Pumping on the chest gets more oxygen into the lungs than breathing it in (21% O as opposed to the 11% you exhale)

 

[^CoSMic DoRiS^^]

Queensland woman sues Lorne surf carnival over volunteer first aid; says it was assault | Queensland | News.com.au



Nuttier than a squirrel turd, but does she have a case? How can they prove that the ambulance officers injured the arm more ... Couldn't these existing problems be related to having dislocated it in the first place? Paramedics can administer drugs, IV lines and can intubate, so is it unreasonable to think that a dislocated shoulder is out of their capabilities

I don't think they can prove anything. But I'd be interested to know what they actually did to her by way of helping.

Not sure how first aid can constitute assault and battery though - were they trying to wrench it back into the socket too violently? Or what? What would be the usual process for dealing with that kind of injury?

 

[katie tully]

I don't think they would have tried to replace it, probably more like secure it until they got her to hospital, idk.

Be interesting to know if they did try and pop it back in.

 

[x.christina]

How can she actully prove that they did it on purpose?

 

[incentivation]

Without knowing the law or previous cases relating to such negligence, it's hard to pass an informed judgement.

However, in drawing a common sense based conclusion, when an injury of that type is sustained and there is no immediate threat to the life of the individual, the practitioner (whether it be a paramedic or good samaritan) should not do anything that goes beyond their professional capabilities and knowledge. I wouldn't envisage the actions constituting an assault though. Negligent? Maybe.

I'm fairly certain than regular paramedics are not directed to correct dislocations and usually provide pain relief etc, until the patient is transported to hospital, scans conducted and subsequently treated by a doctor.

I stand to be corrected however.