Latest Breaking News
In reply to the discussion: Castro Valley: Janitor saw elderly become weak [View all]passiveporcupine
(8,175 posts)Voluntary Assumption of duty
a. Must rescue in a reasonable manner
b. If have special skill set, standard of care is reasonable person with the
same skills
c. If ∆s negligence places good Samaritan rescuer in harms way, ∆ is also
liable to rescuer
If I read this correctly, only someone with a valid skill set (i.e. a nurse or someone trained in that care) is liable in voluntary assumption of care. Not a janitor or cook who does not have that skill set.
The only problem I see with his actions is that of giving medication to the people who were undoubtedly screaming of it. Even if he had no idea it was illegal to do so, he might be held liable for giving the wrong medication to someone if it caused their death or a severe health problem, which may have actually happened in this case. We may never know. I can see a family member suing him for giving the wrong pills to Grampa and he dies as a result.
The part I'm having trouble with is the 911 calls. I wish someone would release those calls. There was a nurse or admin or someone on duty until the end of the workday on Saturday. Then they walked off. That evening he called 911 saying the patients needed help. I don't know if he said they needed meds and he didn't know what to do. There is no information given on how they responded to him. It does seem to look like the 911 operators either didn't get a clear picture of what was going on, or they didn't help him the right way. Maybe that will come out later.