Can You Be Sued for NOT Performing the Heimlich Maneuver?<\/em><\/strong><\/h3>\n\n\n\nWhile there is no explicit legislature that states that it\u2019s unlawful to fail to perform the Heimlich Maneuver on someone who needs it, there is legislature that says certain professionals have a duty to act in the face of a life-threatening emergency. <\/p>\n\n\n\n
According to Cornell Law School\u2019s review<\/a> of the Good Samaritan Act, there are certain circumstances where professionals can be sued if they fail to fulfill their duty to act. Some of these circumstances include:<\/p>\n\n\n\n\n- if a professional has assumed the duty to care for someone and then fails to intervene in a life-threatening situation, such as choking.\u00a0<\/li>\n\n\n\n
- if a Good Samaritan (i.e., a bystander or layperson) begins to intervene to provide life-saving care, like CPR or the Heimlich Maneuver, and then stops before the person is out of danger.<\/li>\n<\/ul>\n\n\n\n
In both of these situations, the person who is at risk of legal consequences took on the duty \u2013 either via a professional role or as a well-intentioned bystander \u2013 to save someone\u2019s life, but then failed to do so. <\/p>\n\n\n\n
If your staff hesitate to perform the Heimlich Maneuver or stop performing the Heimlich Maneuver, the individual or the organization could come under legal scrutiny if one of these scenarios applies. <\/p>\n\n\n\n
Can You Be Sued for Performing the Heimlich Maneuver?<\/em><\/strong><\/h3>\n\n\n\nThanks to the Good Samaritan Act, someone who acts in good faith to save someone who is choking or in any sort of life-threatening emergency is protected from any damages caused by their heroic actions. <\/p>\n\n\n\n
There are some general guidelines that qualify a person as a good samaritan:<\/p>\n\n\n\n
\n- The bystander acted in good faith<\/li>\n\n\n\n
- He or she made reasonable decisions<\/li>\n\n\n\n
- The victim was in imminent danger<\/li>\n\n\n\n
- The victim did not object to assistance<\/li>\n\n\n\n
- The bystander didn\u2019t purposely or knowingly injure the victim further<\/li>\n<\/ul>\n\n\n\n
Each state has its own laws, but they all share a fundamental basis: if a person acts in good faith, a victim or his or her family can not hold you liable for any potential harm that occurs as a result of that help. Because of this, employees are protected from things like broken ribs or bruising caused by performing the Heimlich Maneuver. <\/p>\n\n\n\n
It\u2019s important to understand your state\u2019s specific regulations to ensure your staff are protected under the Good Samaritan Act. However, the ramifications of not<\/em> performing the Heimlich Maneuver (which, in the most dire situations, could be death) far outweigh the ramifications of performing the Heimlich Maneuver and injuring the victim. <\/p>\n\n\n\nSexual Harassment Risks & Fears That Prevent Invervention<\/h2>\n\n\n\n
Because the Heimlich Maneuver requires wrapping one\u2019s arms around the victim from behind and squeezing tightly around the upper torso, some employees may be worried about being accused of sexual harassment or inappropriate touching when performing the maneuver. <\/p>\n\n\n\n
\u201cWhat if they\u2019re not really choking? What if they are able to cough the obstruction free and they don\u2019t need help? Maybe I should just wait…\u201d These are all thoughts that individuals can use to justify not intervening when they are afraid of ramifications from touching a coworker. <\/p>\n\n\n\n
However, the Good Samaritan laws around the country cover individuals from lawsuits in the case of performing life-saving action. While Good Samaritan laws are more commonly associated with preventing individuals from being sued for performing CPR<\/a>, the laws \u2013\u00a0which every US state has \u2013 cover any good faith rescue attempt, including the Heimlich Maneuver.\u00a0<\/p>\n\n\n\nUltimately, the most important thing to consider is that if someone does not perform the Heimlich Maneuver on a choking victim, the victim could die. <\/p>\n\n\n\n
If your workplace has standard procedures or training around sexual harassment education, risk prevention, and policies, it\u2019s important to discuss what is not<\/em> considered sexual harassment \u2013 like CPR and the Heimlich Maneuver \u2013 just as much as what is<\/em> considered sexual harassment. <\/p>\n\n\n\nRisk Mitigation for Choking Emergencies at Work<\/h2>\n\n\n\n
While handling a choking emergency is a similar process no matter where it occurs, there are a few important considerations for mitigating risk of employees not taking action in the case of a choking emergency in the workplace:<\/p>\n\n\n\n![\"\"](\"https:\/\/www.protrainings.com\/blog\/wp-content\/uploads\/2024\/08\/Particulars-of-Performing-the-Heimlich-Maneuver-in-the-Workplace-Image-2.webp\")
<\/a><\/figure>\n\n\n\nTrain Your Personnel <\/em><\/strong><\/h3>\n\n\n\nThe more people you have who are trained to perform the Heimlich maneuver \u2014 and administer other types of first aid \u2014 the better. But even having a few first-aid-trained employees will help create a much safer workplace. <\/p>\n\n\n\n
Incident Reporting & Calling Codes<\/em><\/strong><\/h3>\n\n\n\nBefore a choking emergency occurs, make sure employees know what numbers to call for help and any relevant protocols for reporting the incident. If someone is afraid to step in and save someone during a choking emergency because they are an untrained staff member, be sure they know exactly how to get a trained person there right away.<\/p>\n\n\n\n
Remember, choking emergencies can happen anywhere, including at work \u2014 even if the purpose of the workplace isn\u2019t related to food. As with any type of emergency, having an action plan ahead of time will ensure everyone knows what to do and give the choking victim the best chance of survival. <\/p>\n\n\n\n
Resources for Team Managers<\/h2>\n\n\n\n
When someone is choking, even a few seconds wasted could be fatal. Take precautions now to ensure your employees are equipped to rescue a choking person, whether that person be a colleague or a customer. <\/p>\n\n\n\n
Remember that proper preparation includes addressing <\/strong>fears that could prevent someone from taking action<\/strong><\/a>,<\/strong> including fears about sexual harassment claims, injuring the individual, or not performing the maneuver perfectly.\u00a0<\/p>\n\n\n\nDisplay first aid and CPR posters in prominent places throughout the place of work. Even if it\u2019s not required, displaying a poster that shows how to perform the Heimlich maneuver saves precious time in the event of a choking emergency and helps ensure people know exactly what to do. <\/p>\n\n\n\n
Finally, train your employees to recognize the signs of choking<\/a> and to act immediately when they see an emergency occurring. Even if it\u2019s not required by law in your location and industry, consider facilitating first aid training for some or all of your staff so you can keep your employees and customers as safe as possible.\u00a0<\/p>\n\n\n\nWorkplace Safety for Everyone<\/h2>\n\n\n\n
- \n
- if a professional has assumed the duty to care for someone and then fails to intervene in a life-threatening situation, such as choking.\u00a0<\/li>\n\n\n\n
- if a Good Samaritan (i.e., a bystander or layperson) begins to intervene to provide life-saving care, like CPR or the Heimlich Maneuver, and then stops before the person is out of danger.<\/li>\n<\/ul>\n\n\n\n
In both of these situations, the person who is at risk of legal consequences took on the duty \u2013 either via a professional role or as a well-intentioned bystander \u2013 to save someone\u2019s life, but then failed to do so. <\/p>\n\n\n\n
If your staff hesitate to perform the Heimlich Maneuver or stop performing the Heimlich Maneuver, the individual or the organization could come under legal scrutiny if one of these scenarios applies. <\/p>\n\n\n\n
Can You Be Sued for Performing the Heimlich Maneuver?<\/em><\/strong><\/h3>\n\n\n\n
Thanks to the Good Samaritan Act, someone who acts in good faith to save someone who is choking or in any sort of life-threatening emergency is protected from any damages caused by their heroic actions. <\/p>\n\n\n\n
There are some general guidelines that qualify a person as a good samaritan:<\/p>\n\n\n\n
- \n
- The bystander acted in good faith<\/li>\n\n\n\n
- He or she made reasonable decisions<\/li>\n\n\n\n
- The victim was in imminent danger<\/li>\n\n\n\n
- The victim did not object to assistance<\/li>\n\n\n\n
- The bystander didn\u2019t purposely or knowingly injure the victim further<\/li>\n<\/ul>\n\n\n\n
Each state has its own laws, but they all share a fundamental basis: if a person acts in good faith, a victim or his or her family can not hold you liable for any potential harm that occurs as a result of that help. Because of this, employees are protected from things like broken ribs or bruising caused by performing the Heimlich Maneuver. <\/p>\n\n\n\n
It\u2019s important to understand your state\u2019s specific regulations to ensure your staff are protected under the Good Samaritan Act. However, the ramifications of not<\/em> performing the Heimlich Maneuver (which, in the most dire situations, could be death) far outweigh the ramifications of performing the Heimlich Maneuver and injuring the victim. <\/p>\n\n\n\n
Sexual Harassment Risks & Fears That Prevent Invervention<\/h2>\n\n\n\n
Because the Heimlich Maneuver requires wrapping one\u2019s arms around the victim from behind and squeezing tightly around the upper torso, some employees may be worried about being accused of sexual harassment or inappropriate touching when performing the maneuver. <\/p>\n\n\n\n
\u201cWhat if they\u2019re not really choking? What if they are able to cough the obstruction free and they don\u2019t need help? Maybe I should just wait…\u201d These are all thoughts that individuals can use to justify not intervening when they are afraid of ramifications from touching a coworker. <\/p>\n\n\n\n
However, the Good Samaritan laws around the country cover individuals from lawsuits in the case of performing life-saving action. While Good Samaritan laws are more commonly associated with preventing individuals from being sued for performing CPR<\/a>, the laws \u2013\u00a0which every US state has \u2013 cover any good faith rescue attempt, including the Heimlich Maneuver.\u00a0<\/p>\n\n\n\n
Ultimately, the most important thing to consider is that if someone does not perform the Heimlich Maneuver on a choking victim, the victim could die. <\/p>\n\n\n\n
If your workplace has standard procedures or training around sexual harassment education, risk prevention, and policies, it\u2019s important to discuss what is not<\/em> considered sexual harassment \u2013 like CPR and the Heimlich Maneuver \u2013 just as much as what is<\/em> considered sexual harassment. <\/p>\n\n\n\n
Risk Mitigation for Choking Emergencies at Work<\/h2>\n\n\n\n
While handling a choking emergency is a similar process no matter where it occurs, there are a few important considerations for mitigating risk of employees not taking action in the case of a choking emergency in the workplace:<\/p>\n\n\n\n
<\/a><\/figure>\n\n\n\nTrain Your Personnel <\/em><\/strong><\/h3>\n\n\n\n
The more people you have who are trained to perform the Heimlich maneuver \u2014 and administer other types of first aid \u2014 the better. But even having a few first-aid-trained employees will help create a much safer workplace. <\/p>\n\n\n\n
Incident Reporting & Calling Codes<\/em><\/strong><\/h3>\n\n\n\n
Before a choking emergency occurs, make sure employees know what numbers to call for help and any relevant protocols for reporting the incident. If someone is afraid to step in and save someone during a choking emergency because they are an untrained staff member, be sure they know exactly how to get a trained person there right away.<\/p>\n\n\n\n
Remember, choking emergencies can happen anywhere, including at work \u2014 even if the purpose of the workplace isn\u2019t related to food. As with any type of emergency, having an action plan ahead of time will ensure everyone knows what to do and give the choking victim the best chance of survival. <\/p>\n\n\n\n
Resources for Team Managers<\/h2>\n\n\n\n
When someone is choking, even a few seconds wasted could be fatal. Take precautions now to ensure your employees are equipped to rescue a choking person, whether that person be a colleague or a customer. <\/p>\n\n\n\n
Remember that proper preparation includes addressing <\/strong>fears that could prevent someone from taking action<\/strong><\/a>,<\/strong> including fears about sexual harassment claims, injuring the individual, or not performing the maneuver perfectly.\u00a0<\/p>\n\n\n\n
Display first aid and CPR posters in prominent places throughout the place of work. Even if it\u2019s not required, displaying a poster that shows how to perform the Heimlich maneuver saves precious time in the event of a choking emergency and helps ensure people know exactly what to do. <\/p>\n\n\n\n
Finally, train your employees to recognize the signs of choking<\/a> and to act immediately when they see an emergency occurring. Even if it\u2019s not required by law in your location and industry, consider facilitating first aid training for some or all of your staff so you can keep your employees and customers as safe as possible.\u00a0<\/p>\n\n\n\n
Workplace Safety for Everyone<\/h2>\n\n\n\n