THE QUESTION: Do you personally agree with the common law viewpoint that, ordinarily, a bystander has no duty to come to the aid of a person in need? Do you think that a doctor or nurse or other licensed professional is protected or harmed by such a rule? Explain your response.

THE STUDENTS RESPONSE: This can be an immensely harsh subject to talk about. Bystanders do not have a duty to help those in need. And sometimes that can be a good thing. A bystander that is not sure how to help may cause more damage to the person in need. Say a person has something wrong internally would not exhibit symptoms. If someone stood them up to move them, not knowing you should not move a hurt person, the damage can be fatal. I agree with this common law viewpoint to an extent. If someone is in need of aid and they are not hurt bad, then yes I agree that people should stop and help. If someone is hurt really bad, a bystander should at least stop until medics arrive. A bystander can comfort a person who is suffering from their wounds.

If a doctor or nurse sees an accident involving a person in need of aid, then I would think that they would stop and help. But, there is no contract between the person in need of aid and the doctor or nurse. So, they are not obligated to help if they do not want to. There is a lawsuit where a young girl in labor went to a different hospital. The nurse called the doctor, and the doctor said to call the doctor that the girl had been seeing. There was miscommunication on the nurse’s part and she told the girl to go to the other hospital. All the doctor wanted was for the patient to contact her doctor. Instead, she drove to the other hospital. She delivered her baby in the car and the baby passed 12 hours later. She sued, but did not win. It is a sad situation.

120 word response agreeing disagreeing or relating to the students response

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