Leave it to us- California court holds rescuers liable for injuries
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The California Supreme Court ruled Thursday that a young woman who pulled a co-worker from a crashed vehicle isn’t immune from civil liability because the care she rendered wasn’t medical.
The divided high court appeared to signal that rescue efforts are the responsibility of trained professionals. It was also thought to be the first ruling by the court that someone who intervened in an accident in good faith could be sued.
Lisa Torti of Northridge allegedly worsened the injuries suffered by Alexandra Van Horn by yanking her “like a rag doll” from the wrecked car on Topanga Canyon Boulevard.
Torti now faces possible liability for injuries suffered by Van Horn, a fellow department store cosmetician who was rendered a paraplegic in the accident that ended a night of Halloween revelry in 2004.
Both opinions have merit, “but I think the majority has better arguments,” said Michael Shapiro, professor of constitutional and bioethics law at USC.
Shapiro said the majority was correct in interpreting that the Legislature meant to shield doctors and other healthcare professionals from being sued for injuries they cause despite acting with “reasonable care,” as the law requires.
Noting that he would be reluctant himself to step in to aid a crash victim with potential spinal injuries, Shapiro said the court’s message was that emergency care “should be left to medical professionals.”
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