It’s a situation that no one ever wants to be in. An individual is unconscious and not breathing and in need of CPR. You want to jump in, but you can’t help thinking “Will I be sued for doing CPR?”. Many people have this thought, and can even prevent from springing into action and helping.
Statistics from Resuscitation Council UK show that less than 1 in 10 people survive out-of-hospital cardiac arrests [1]. This survival rate can be improved significantly if CPR is administered and massively improved with the use of an AED (defibrillator). Hesitations caused by thoughts of being sued can be fatal to the casualty and need to be dispelled. Thankfully, with the SARAH Act [2] in England and Wales first aiders are more protected.
What is the SARAH Act
The SARAH Act, or to give it it’s full name, the Social Action, Responsibility and Heroism Act 2015 received royal assent on the 12th of February 2015. The purpose of the act is to alleviate the fears people have about legal liability.
A survey conducted by The Telegraph back in 2014 found that 34% of people were deterred from conducting CPR through fear of being sued [3]. The SARAH Act helps negate these fears is by providing a layer of legal reassurance. The SARAH Act, in combination with common law, makes it extremely unlikely a person can be sued for providing first aid so long as the rescuer is acting ‘responsibly and heroically’.
Our interpretation of the SARAH Act
We must admit this article is not written by a legal expert and can therefore only be taken as guidance, but rather is adapted from our Awarding Body, Qualsafe Awards. Nonetheless, Qualsafe’s interpretation as the UK’s leading Awarding Organisation for First Aid qualifications is that you would have had to do something both dangerous and with malicious intent in the course of providing first aid for you to be at risk of being sued. Only in this situation could you not rely on the SARAH Act and established common law as your defence.
We are confident any first aider who has completed a regulated first aid qualification would never be acting anywhere near that threshold and could therefore never be successfully sued. Other useful knowledge for workplace first aiders is that your employer’s liability insurance covers you when you are acting as a first aider at work.
Conclusion
Remember: There has never been a successful case of suing a first aider in the UK, even prior to 2015, and the SARAH Act has further strengthened this position.
By acting heroically and responsibly, doing CPR to the best of your knowledge and abilities, you will be protected by the SARAH Act. And, more importantly, you may save a life. Don’t let fear give you pause!
For further reading on the subject of Cardiopulmonary resuscitation and the law, here is a link to a useful document on the topic from the Resuscitation Council UK:
https://www.resus.org.uk/library/publications/publication-cpr-aeds-and-law
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