Travel Reference
In-Depth Information
APPENDIXE
D
LEGAL AND ETHICAL CONSIDERATIONS
Forrest C. Wilkerson, Attorney-at-Law
Charles S. Houston, M.D.
Principal Contributors
LEGAL CONSIDERATIONS
Few participants in wilderness activities would hesitate to provide medical care or to assist
with the evacuation of an ill or injured individual, whether a member of their party or an-
other. None of the following should raise doubts about that ethical—not legal—obligation.
However,personswhodoelecttorendermedicalaidtoothersdohavecertainlegalrespons-
ibilities as well as definite legal rights.
The following are general principles of the applicable laws in the United States and
Canada. However, each state, province, and nation makes its own laws, which vary consid-
erably. Anyone involved with such legal problems must obtain specific information about
the law in the relevant geographic area.
Personal Liability
Almost no country has laws that require anyone to help a stranger in distress. An outdoor
recreationalist can decline, with legal impunity, to provide medical assistance to anyone.
Any obligation that exists in wilderness circumstances is ethical or traditional, not legal.
In contrast, a legal obligation to provide medical care or other assistance does exist if the
individual has negligently caused the injury.
If medical assistance is provided, even though not required by law, it must be given reas-
onably and carefully. The diligence that would be exercised by an ordinarily prudent person
under similar circumstances must be exercised. Anyone providing medical care is legally
liable for harming the injured person if the injury could have been avoided by reasonable
care. In addition, more severe injuries or diseases are recognized to require closer attention
and more extensive and sophisticated treatment.
The need for wilderness users to be familiar with first aid is well recognized. An outdoor
recreationalist could be held liable for injuries resulting from lack of familiarity with tech-
niques generally known to others, particularly if the person had indicated in some manner
beforehandpossessionofsuchknowledge.Physiciansareheldtoahigherstandardandmust
conduct themselves as ordinarily prudent doctors of medicine.
The circumstances in which assistance is rendered are also significant. The care legally
required is that which is reasonable under the circumstances. The law takes into account the
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