First Aid Legal Considerations

First Aid Legal Considerations
Presented By:
Iain McIntyre
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Introduction
Name:
Company:
Occupation:
Any previous First Aid experience?
Course Timing Details

09h00 to 17h30 Approximately
Tea break:
10h30
Lunch:
12h30
Tea break:
15h00
Legal Considerations
UAE. The Good Samaritan principle means a range of different things
around the world both in accordance with legislation, custom and
practice.
It is human nature to want to help another who needs medical
assistance, but in todays society, there is understandable concern that
individuals who attempt to help another may be at risk of having a
claim brought against them if that person suffers harm as a result of
their intervention.
There is often confusion as to what the legal liability will be in the UAE
when a person administers first aid, and what, if any, the legal
consequences will be in the event the injured person dies as result of
their injuries. The following three points, in accordance with UAE Law
and Shariah Law will be discussed in the following slides:
- Is the concept of a Good Samaritan recognised within the UAE?
- Can a person who administers first aid be held legally accountable
for any subsequent injuries, and or causing death in the event the
injured person dies?
- The recommended approach for the delivery of first aid in the UAE?
Legal Considerations- Good Samaritan

While the origins of the Good Samaritan principle are based on a religious
parable, over time it has developed to include rescuers and first aid
officers administering first aid in the aftermath of an emergency. Various
authorities around the world have established legal precedent where the
law does not require a member of the public to act as would a Good
Samaritan.
However, if a person chooses to do so then, in most jurisdictions, the law
offers protection to the Good Samaritan from civil compensation claims
and/or criminal cases, except to the extent that their own acts caused
damage beyond that which the injured would have suffered if the Good
Samaritan had not intervened.
Legal Considerations-UAE Law
The UAE does not have a stand-alone Good Samaritan law, unlike other
jurisdictions. Over the past few years, there have been news reports of a
draft law under consideration, but as at the date of this article, no such law
has yet been published.
Typically, the key provision contained in Good Samaritan laws provides legal
immunity for those individuals that administer first aid in a rescue situation,
when they themselves acted in good faith and without remuneration. Of
course, other considerations include the informed consent, parental rights
and the right of the victim to refuse treatment. In the UAE, pursuant to
articles 342 and 343 of the Penal Code (Federal Law No. (3) of 1987 as
amended) (Penal Code), a person may be punished if they cause the death
or injury of another person.
Legal Considerations-UAE Law
In accordance with the Penal Code, causation can attach where the person
refrained, at that moment, from helping the victim in spite of the fact
that he was capable of doing so or if the crime was committed as a result
of the offenders failure to perform the duties imposed on him in the
performance of his function, profession or craft
However, pursuant to article 52(3) of the Penal Code, no crime is committed
where medical treatment is performed in accordance with generally
accepted scientific principles and with the express or implied consent of the
patient, or if medical interference is required in emergency cases.
Therefore, no criminal liability will attach to an individual performing first
aid in a rescuer situation, as long as the conditions of article 52 of the Penal
Code are met.
Legal Considerations-Shariah Law
Based upon a Fatwa authored by the Official Iftaa Centre, General Authority
of Islamic Affairs & Endowments on First Aid Procedures in 2010 (First Aid
Fatwa), first aid must be administered by all people in accordance with
Shariah
The Fatwa states (as translated): Islamic Shariah is based upon the five
necessities, one of which concerns the preservation of ones life and
property. Therefore, the provision of first aid can be seen as both an Islamic
duty and a humanitarian necessity, as the first-aid is administered to save
peoples lives and relieve their pain. Any trained medical person,
particularly in emergency situations, do their best efforts to prove
immediate relief, and this is supported by the general provisions of Shariah
that call for co-operation, helping the needy and relieving inflicted people.

Therefore, in accordance with the Fatwa, no criminal
liability will attach to an individual, in respect of both
Shariah law and UAE law when they perform first-aid.
The opposite is true; those that do not assist when they
witness a person suffering can be held criminally
accountable.

The UAE legislation and Shariah Law principles cited should not be
interpreted to suggest that a rescuer is expected to be competent to treat
someone suffering from a heart attack, and that if they fail to do so, they
will be held responsible in the event of the individuals death. Rather, the
rescuer should seek medical assistance for the victim as soon as possible in
order to discharge their duty.
Legal Considerations-Safety Officers

A first aider or safety officer should not be afraid to do their job for fear of
legal repercussions. If a first aider witnesses an accident at work and fails to
do anything to help, and the victim dies or is seriously injured, then they
may find themselves falling foul of the Penal Code. However, where they
administered first aid, within their competence, and then took the
necessary steps to seek external expert medical assistance where required,
criminal liability should not attach to that person should the first aid not be
enough to save or treat the patient.
Legal Considerations-Companies
It is essential for companies with an in-house first aid capability to ensure
that the persons are suitably trained and have the necessary equipment and
resources at their disposal in case of an accident or incident. The UAE
Federal Labour Law (Federal Law No. (8) of 1980 as amended) (Labour Law)
and Ministry of Labour Decisions No. (32) and No. (37/2) of 1982 specify the
minimum requirements for first aid supplies, but companies are free to (and
arguably should) adopt a higher standard and can include additional
supplies.
By way of example, the Labour Law does not require companies to have a
defibrillator, but if a company chooses to install one, then they must also
ensure their staff is suitably trained to operate it.
Legal Considerations-Cultural Sensitivities

Questions often arise as to whether there are religious or gender-based
restrictions on who may provide first aid to whom.
As the UAE Law does not address cultural issues that may arise when a
rescuer or safety officer administers first aid, we can only take guidance
from the First Aid Fatwa
However the cultural influence of Wasta should also be considered and
never ignored!
Legal Considerations-Cultural Sensitivities

The First Aid Fatwa deals with both questions
Is it permissible in accordance with the Shariah Law for a non-Muslim to
administer first aid to a Muslim and can a male administer first aid to a
female?
Both are answered in the affirmative, that is that anyone can administer
first aid in situations where there is an emergency, and they will not be
punished for doing so in circumstances where they are a different religion
or different gender to the injured person.
In practice however, companies should ensure that where any employees
have a particular objection in respect of who may administer medical
treatment, that such information is clearly recorded in their file.
Recommended approach to first-aid
Provided persons act within their competencies and take reasonable and
proportionate measures when an accident occurs, then the Good Samaritan
should not fear adverse legal consequences in the UAE. If an emergency
arises, and the first responder is not medically trained, then they are under
a positive obligation to seek immediate medical assistance. No one should
ignore another mans peril, as that will be against Shariah principles and
UAE Law.
Guidance from Rebecca Kelly, Clyde & Co posted May 2014
http://www.bi-me.com/main.php?c=3&cg=4&t=1&id=65573
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Course Timing Details

Legal Considerations- Good Samaritan

Legal Considerations-UAE Law

Legal Considerations-UAE Law

Legal Considerations-Shariah Law

Legal Considerations-Shariah Law

Legal Considerations-Shariah Law

Legal Considerations-Safety Officers

Legal Considerations-Cultural Sensitivities

Legal Considerations-Cultural Sensitivities

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