Duty of Care & The Law


Where do First Aiders stand regarding the Law?

It is a common question on our courses and increasingly so in this litigious age.  While both First Aid and the legal system are designed to protect individuals it is worth considering what risks individuals are exposed to when attempting to administer First Aid treatment.

Rule 1 - If someone resists treatment you cannot treat them

Under UK law any form of physical touch without permission could be interpreted as common assault.  Whilst this is unlikely to lead to a conviction if - for example - a First Aider attempts to examine a wound on a casualty who has requested not to be examined it could very easily lead to a conviction if the First Aider attempts to use any form of force against the casualty to administer any treatment.

Even so it is a salient point worth learning that the conscious casualty has absolute control over their treatment and this must be respected.

Is there anything I can do then?

Of course. By all means attempt to gain the casualties consent by explaining in simple terms the situation and why you want to treat them.

You could even atttempt to encourage the casualty to self-treat if you can provide good instruction.

What if they are unconscious?

An unconscious casualty is in a very serious state and it could be argued (should anything happen as a result of the treatment that you have administered) that because of the seriousness of the situation one can "assume consent" under the ethical argument that one can assume a reasonable person would not resist treatment that would save their life.

Rule 2: Act in the best interest of the casualty

Should you find yourself in the unlikely situation where someone is claiming against your actions your first
defence would be that you were acting in the best interest of the casualty.  To that end there can be no malice or ulterior motive to your treatment.

Rule 3: Only treat in the way you have been taught

Your second defence is that you are following nationally recognised guidelines and procedures which have been developed in consultation with a vast array of medical professionals and are constantly updated.  If your practices are brought into question it will be the training provider who will be called to answer.  As soon as you attempt to administer a form of treatment you 'saw on they telly or 'read in a book' you become instantly liable for all responsibility.


So as long as you have the permission of the casualty and are treating with the best intentions and your
treatment is in line with current recognised guidelines you are exposed to very little risk.

The legal system

A benefit of the legal system is the basic tenet that the actions of one person are judged against a reasonable person of the same standing.

This is a worst case scenario so do not panic!:  If you were to administer First Aid to an individual who later died and the family attempted to sue you for the casualties death your actions would be judged against those of a reasonable person who has attended a first aid course.  Your actions would not be compared to that of a Paramedic or Doctor.


What about the Good Samaritan Act?

There is no Good Samaritan Act in the UK.  In the US and Canada there exists an act which is designed to protect those who attempt to treat casualties from litigation. There is no such act in the UK.

However - unlike the US there is no legal obligation to treat anyone. So...

Rule 4: If you are not happy to treat - DON'T

We all have a duty of care to our neighbours.  You will have a heightened duty of care for individuals you work with or are responsible for but there is no legal obligation to administer First Aid.  This is designed to protect individuals from engaging in an action that might expose themselves to litigation of harm.


So what can I do if I do not want to treat?

There are other things you can do other than administering first aid: Contacting the emergency services should be the first thing.  Making the area safe for others or simply comforting the casualty or those around. This should not be underestimated as a valid contribution.



Current training and the 4 Rules above will protect you from any potential claim.

Further information can be found at the United Kingdom Resuscitation Council's website