New CPR method: 100 compressions per minute
Posted: April 8, 2010 Filed under: First Aid Leave a comment
Mayo Clinic produces video about the technique.
A video titled Continuous Chest Compression CPR – Mayo Clinic Presentation explains the new CPR method. The idea is based on several issues. 1 is keeping blood pressure up to force blood all ready enriched with oxygen into the brain. 2 is the idea that most people did not like performing the mouth to mouth part of the compressions.
There is a companion website Cardiopulmonary resuscitation (CPR): First aid. The website explains if you are confident and trained mouth to mouth is still a good idea, but the ratios should be 30 compressions to two breaths.
Keywords: CPR, cardio pulmonary resuscitation, mayo clinic, chest compressions, mouth to mouth
Wilderness & Environmental Medicine Journal
Posted: February 25, 2010 Filed under: First Aid Leave a commentVolume 20 # 4 has some great articles
The Wilderness Medical Society has published its latest Wilderness & Environmental Medicine Journal with some great articles.
- Injuries and Medical Conditions Among Kayakers Paddling in the Sea Environment
- A Comparison of Bacterial Colony-Forming Units in Water Bottles and Hydration Bags Among Outdoor Enthusiasts
- Love and Fear of Heights: the Pathophysiology and Psychology of Height Imbalance
- Determinants of Summiting Success and Acute Mountain Sickness on Mt Kilimanjaro (5895 M)
You must be a member to access the current issue. Membership information can be found here.
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
Letter to the Editor: Wilderness and Environmental Medicine
Posted: November 24, 2009 Filed under: First Aid 2 CommentsJune 23, 2009
Jonna Barry, Managing Editor
Wilderness and Environmental Medicine
1505 N. Royer Street
Colorado Springs, CO 80907
Wilderness First Aid: Is there an “Industry Standard”?
I read with appreciation, interest and concern the article Wilderness First Aid: Is There an “Industry Standard”? in the latest Wilderness and Environmental Medicine. I have the following comments about the article suggestions about future articles and research.
For a defense oriented attorney and possibility for the plaintiff’s bar the use of the word standard creates issues. The word in everyday life, means a reference point or median, it has a different definition in the law. A standard in the law is the lowest level of acceptable level of doing or not doing something that a reasonable person would accept. It may not be the median or average. As such, a statement that something is the standard which is not the lowest acceptable level creates a path for a lawsuit for anyone who may not meet the median but is above the lowest acceptable level of work.
This is important because a violation of a standard is the first step in proving negligence. In general in outdoor recreation activities, the hardest thing to prove is a violation of a standard. By putting in writing what the standard’s are for a particular activity, we have made the plaintiff’s job that much easier.
Plaintiff’s lawyers grasp on to an article using the term from respected publications, such as this Journal, as proof that the outfitter or guide did not meet the industry standard. It then falls on the defense to prove, and normally at a much greater cost, at trial, that the standard is not at issue or was not the legal definition used in the article.
Consequently I was happy to see the article did not really reach a conclusion about what the standard is above that of simple first aid courses.
A major issue is what is wilderness first aid? There few legal references to a definition of first aid, those that do simply reference the American Red Cross definition: immediate and temporary treatment of a victim of sudden illness or injury while awaiting the arrival of medical aid. One court described first aid as anything that did not require training, consequently CPR was not first aid because it required training. L.A. Fitness International, Llc, v. Mayer, 980 So. 2d 550; 2008 Fla. App. LEXIS 5893; 33 Fla. L. Weekly D 1136. If a court determines that an act done was outside the definition of first aid, there is no defense for a non-licensed health care provider. Many wilderness first aid courses teach techniques that are clearly outside of the simple definition of first aid: immediate and temporary treatment. The Wilderness Medical Society Practice Guidelines for Wilderness Emergency Care, 5th at present is the only document that provides wilderness first aid advice for those wanting to understand what is and is not first aid.
Many times articles such as these want to improve the care for those injured in the outdoors. Articles rarely accomplish that goal and mostly encourage litigation, which also fails to accomplish that goal. What does occur is an increase in litigation and a decrease in participation. The Boy Scouts of America and Sierra Club were both referenced in the article. Both groups are led by volunteers. Volunteers do not have more time to take more than a basic first aid course while all ready taking several hours each week to volunteer and then spending your vacation with a group of youth cannot be stretched much father.
This is a classic example of we need to protect more kids by requiring more leader training which protects the kids because they now never leave the city. Volunteers have only so many hours and kids have too many chances to get hurt.
The article speaks to statutes or governmental regulations referencing first aid requirements. There is a misnomer that a legal standard in the industry can be higher or lower than a state statute. The standard for a particular industry is the state statute and in this case the statutes that were recognized in the article would be the standard for medical training needed in that occupation.
The article did miss several dozen state statutes requiring first aid training for guides and outfitters, as well as all federal requirements. Most states put first aid requirements into specific statutes affecting a specific activity. As an example Colorado has no state statute requiring first aid training for outfitters and guides, but the state has no state statutes for outfitters and guides. Colorado does have a statute controlling the first aid requirements for whitewater outfitters and guides. C.R.S. §§ 33-32-105.5 that requires a standard first aid card to work on a river. Colorado horse packer’s statute C.R.S. §§ 12-55.5-103.5 have a similar requirement.
Various state and federal land managers have specific first aid requirements for permittees or concessionaires working on state or federal land. This varies by land manager and the type of service being offered.
The article mentioned the marketing term “wilderness first responder” (WFR) which is not recognized by any state or federal agency as a first aid course. Many state Good Samaritan laws provide coverage for first aid based on the provider of the first aid training. No state Good Samaritan law recognizes WFR or WFR providers as providing training that would be protected by the Good Samaritan law. See Connecticut C.G.S. § 52-557(h) or Illinois I.C.S.A § 745 ILCS 49/67.
Many state statutes require the regulatory agency to specify the first aid training required. Fishing guides in California pursuant to Fish & G Code § 2542 specifies the agency shall prescribe the first aid training required of guides. Maine requires a first aid training M.R.S. § 12853 but leaves the level of training to the regulatory agency with a different level of first aid training for trip leaders M.R.S. § 12860.
Statutes once enacted are difficult to change so many of the statutes requiring first aid training are out of date. Worse are those that specify the items to be in first aid kits. California Gen Ed § 32043 requires a snakebite kit on field trips for some school outings.
There are three agencies chartered by the Federal Government to provide first aid training: The Boy Scouts of America, the American Red Cross and the National Ski Patrol. All three organizations provide training that is recognized by all states as for protection under state Good Samaritan acts recognized by all states and the federal government as first aid training providers.
Litigation that claims the first aid care is rare when brought against outfitters and guides. Litigation against search and rescue groups and volunteers is growing. In both cases the claim that the first aid care was negligent was combined with other claims. Both groups need to be protected in any additional studies done to determine what training is appropriate or necessary.
I agree with Dr. Forgey’s editorial that the issue needs to be reexamined. But instead of a chart of what is being doing, I would strongly urge any study to look at best practices for the industry with an eye to the ever changing future. Instead of listing the standard, which will then allow plaintiff’s to gauge their lawsuits and start advertising for them or the minimums which would guaranty a loss by a defendant the study should look at what is being done and what might work.
More importantly as the article relates too in the beginning and Dr. Forgey mentions is a study of what really occurs and that can be resolved with basic first aid. What can first aid supplies be reasonable carried by a group, what can be used with the knowledge that can be retained by the group and what is actually effective in the outdoors when miles or hours from EMS. The desire to stop litigation is leading groups to wildly divergent and in many cases ridiculous results. One Texas University outdoor program was told to carry AED’s on their wilderness backpacking trips. Another example is the use of helmets in whitewater rafting; an industry that prior to the use of helmets never had a reported head injury. Colorado, West Virginia and California have not received a report of a head injury that a helmet would protect in a whitewater rafting. This would assist outfitters and guides as well as state and federal land management agencies in determining what is really possible and therefore needed. It might also reduce the desire to teach and or carry prescription drugs because of the effectiveness at a distance from EMS and consequently take pressure off physicians to prescribe these drugs in violation of the law or their medmal insurance carrier.
What we need is realistic analysis and study of what is possible and plausible in a wilderness setting. What will save a life and what won’t, what should be done and what is a waste of time. That study should be labeled in such a way as to not create the basis for injured participants to start litigation.
Sincerely,
James H. Moss
Cc Wm Forgey, MD
Who should use a Release? Its November Review your Release for Free Month
Posted: November 4, 2009 Filed under: First Aid, Release (pre-injury contract not to sue), Risk Management Leave a commentBecause its November’s Review your release for free month I’m posting articles on Wednesday about Releases and why you should use them.
Anyone who offers activities to the public, where there are numerous risks outside of the control of the operator should use a release.
- Outfitters: business who offer outdoor trips to the public. Whether a hike down a trail to look at wildlife or to the top of Mt Everest to add to your resume.
Anyone who is offering products to the public which the public may not understand or may not be able to comprehend
- Demo’s: Whether a rep, retailer or manufacturer you want your products to be tested and tried. New products may require new skills or new ideas that your guests are not use too.
- Rental Programs: People rent when they want to have fun, want to try, or are interested in having a good time. All of these are done by people who may not have experience with the specific product you are renting.
Anyone who may be involved in a lawsuit do to the actions of someone you can’t control should use a release
- Retailers: a manufacture has sold you a new product. You have agreed to be the guinea pig on whether it works or sells. You should not be a guinea pig on the first lawsuit
- Manufactures: Promises made by sales come back to haunt risk management. If you are manufacturing a product that can be sold incorrectly, you don’t need to learn about it in a summons and complaint
Anyone placing products in the stream of commerce before they are finalized
- Testing: You have hired
Anyone who is offering products for a discount
- Season tickets at resorts or ski areas: you need to recoup your lowered cost by decreasing your insurance and claims costs.
Anyone takes students out of their normal environment to educate them.
- College & University programs: the student does not sue his or her parent or insurance company may. Learning may incorporate more that what you teach in the classroom, it may incorporate the courtroom.
Anyone who hires professional athletes to be a promoter of the product
- Sponsor: You want your product seen by everyone so you pay or provide the product to people to show it off. Showing off usually means bigger, higher, faster or deeper which all can lead to litigation.
Anyone who is taking people outside of their normal environment
- Inner city youth to the country
- Farm kids to large east coast cities
- Anyone taking anyone around animals
Anyone dealing with youth whose parents are not around and consider you a nice alternative to paid babysitters.
- Parents who drop their kids off, don’t know who you are, don’t understand what you are doing, and will never understand why their child was hurt.
If you are worried about being sued and you are located in a state where releases are upheld, you are offering a recreational service or opportunities to the public you might try using a release.
In an opportunity to help generate ideas and interest in this blog and the Outdoor Recreation and Fitness Law Review I am going to make everyone an offer you can’t refuse. During the month of November I am going to review your releases or acknowledgment of risk forms for free.
Stay tuned I’ll come up with the requirements and how the program is going to work, but it will be no cost to you (and hopefully no major headaches for me!)
Pass this on, repost for your friends on Facebook and Re-tweet or just email it to your friends.
Dex works
Posted: October 29, 2009 Filed under: First Aid, Mountaineering Leave a commentDexamathasone or Dex as it is commonly known has been shown to improve exercise capacity at high altitude. Dex has been shown to prevent HAPE (high altitude pulmonary edema) and AMS (acute mountain sickness). Now it has been shown to improve oxygen uptake and decreased the anaerobic threshold.
The study was reported in the American Journal of Respiratory and Critical Care Medicine.
See Dex Improves High Altitude Exercise Capacity and Taking Dex Can Improve High Altitude Exercise Capacity In Certain Climbers, Study Finds.
UIAA Medical Commission provides advice on contraception at altitude
Posted: July 2, 2009 Filed under: First Aid, Mountaineering 1 Comment
OK, maybe the headlines were a little titillating or confusing, but there are real issues with climbing and drugs. As the article describes there are issues with any drug at altitude. Additionally some women take contraception to control the effects of menstruation cycle while they are climbing
No matter how titillating the medical issues and need for the article is real.
See Medical Commission gives advice on contraception at altitude. You can read the actual article at Contraception and Period Control at Altitude
Great Articles in the latest WMS Journal
Posted: April 28, 2009 Filed under: First Aid Leave a comment
The Wilderness Medical Society puts out a Journal called Wilderness and Environmental Medicine. Most times it is hard to read unless you have a medical background. All the time it is full of great information for those of us running around in the outdoors. The latest issue Volume 20 Number 1, 2009 is unbelievable good for practitioners. Samples of the articles in this issue are:
Grand Canyon Water Analysis: An Article Titled An Analysis of Water Quality in the Colorado River, 2003-04; An Investigation Into Recurring Outbreaks of Nororvirus Among Rafters. Norovirus is a major problem in the grand. No one has any real idea of what or how, but this article gives some good ideas on both. More importantly the article points out some ways to deal with the virus if a member of your party gets it.
Chemical Hand Warmers: Comparison of Commercially Available Disposable Chemical Hand and Foot Warmers. I love it when science meets hype.
Ankle Fractures: Field Management of Displaced Ankle Fractures: Techniques for Successful Reduction.****
Avalanche Burial: The Snow Snorkel: A Proof of Concept Study. Sort of a cheap Avalung® meets reality issue.
Altitude Illness: Ginkgo biloba Does – and Does Not – Prevent Acute Mountain Sickness. Ginkgo biloba has been touted as the natural alternative to Diamox®. This study does a good job of setting the facts straight.
Altitude Illness II: Ankle
Brachial Index on Kilimanjaro: Lessons from High Altitude. Interesting study of checking the brachial arteries in your foot for problems.
The information is only available if you are a member of the WMS, however this volume alone would pay for itself if you are running an outdoor program near poisonous snakes (study on this too), at altitude, avalanche areas or …well you get the idea.
However this does bring up an interesting issue. The article on reducing ankle fractures could lead to problems. If you are a commercial guide the liability is one thing. If you are a Good Samaritan this is above and beyond your training, unless you are a physician and therefore not covered.
New BSA Medical Form is a Disaster
Posted: February 19, 2009 Filed under: First Aid, Medical, Release (pre-injury contract not to sue) 11 CommentsSomeone sent me a link to the latest BSA Medical Form.
It is quite interesting, very misleading, has limited additional value and put volunteers are greater risk of litigation. If you are interested here are the issues.
1. The form states that it has a hold harmless/release agreement attached. IT DOES NOT. There is language attempting to create a release and in three or four states it might. However most states require specific language to create a release and it does not exist in this document.
2. It places a requirement on unit leaders to know of and know how to treat the medical needs of the youth in their unit. The first issue is how much medical training is now needed to understand the issues. Worse however is the liability this creates? Example:
A. How about a new unit leader who just started who has not had time to take any first aid training. Kid at a meeting has a medical issue and the unit leader is now facing a lawsuit because he did not know about or know how to treat the kid.
B. What upper limit exists on the training? You have a child who requires advanced medical care. The parent reads the medical form, completes it and sues when her child dies. The unit leader was supposed to know about and know how to deal with the medical issues. In this case, the medical issues required an EMT or physician to deal the medical issues. Yet the mother relied, appropriately so on the medical statement to her detriment.
3. There is a 30 minute medical radius for medical care. This can eliminate most of Colorado as a place where a unit could go with someone who does not meet the medical transportation issues. Other than a few cities, all of Wyoming, Montana and Idaho are now off limits. Large portions of New Mexico, Arizona, Utah and most of Nevada are probably off limit to BSA units.
4. Prescriptions. This section creates a real problem that you need to deal with in writing. If any parent reads this and asks if you will assume the responsibility for any child taking their prescription medications say NO. If anything goes wrong and you have accepted this liability you are now liable. It may have nothing to do with what you have done, but combined with the required level of medical knowledge this is a ticking time bomb.
How to Deal with this?
Write ever parent in your unit and notify them that prescription and non-prescription medications will be their responsibility.
5. Release. The release is a poor start, but at least it is a start.
A. many courts throw out releases that are imbedded in other documents. The release needs to be separate and distinct.
B. The release needs to have a release of negligence. There is no lawsuit without negligence and this release in most states does not release negligence.
C. The medical information release is another good start, but it needs to specifically state what it is trying to do. Example
1. Unit leader takes crew on hike with assistant. Youth is inured and assistant hikes out with injured youth. Based on this release, is the assistant unit leader allowed to provide the medical information to the EMT? No. Medical information is confidential and this document does nothing to help volunteers in this matter.
D. Most importantly now in most states you are liable if you release medical information to anyone without their permission. That means before you can tell the Ambulance Squad attendant about the injury you have to have the parent’s permission to do so.
If the youth has a communicable disease you can’t tell anyone about in several states without their permission.
This medical release fails to provide that protection.
6. Notary. No state requires that a release or medical release be notarized.
Conclusion.
The major issue that will occur is the expectation this will place on parent. I tell my clients that the marketing creates promises that are proven breached in the courtroom. This is similar. The document is creating an expectation in parents that you cannot fulfill in a lot of cases. Failed expectations coupled with an injury are called lawsuits. You may win, but you will cost your homeowners’ insurance a lot of money to do so.
CDC Study a little misleading.
Posted: December 23, 2008 Filed under: First Aid Leave a comment
The Center for Disease Control sent out an Outdoor Injury list this summer that gathered a lot of headlines across the nation. Snowboarding was listed as the top cause for outdoor injuries. See CDC: Snowboarding Tops Outdoor Injury List. The study can be found at New CDC Study First To Present National Outdoor Recreational Injury Estimates. The information on the list is correct; however the list is not a correct representation of the facts.
Several news sources looked at the data and found major flaws in the data. See Snowboarding a leading cause of emergency room visits nationwide.
First the data did not include any cycling or biking activities. Nor is swimming included in the study. Biking alone would represent 75% of the injuries if included in the list and swimming would be much higher than snowboarding.
Skiing is not even in the list, yet there are far more ski injuries every year than dozens of other items listed.
The CDC still states that the greatest chance of dying comes from transportation. Getting to the slopes or outdoors is still more dangerous.
This is how a standard in the industry changes
Posted: December 18, 2008 Filed under: First Aid | Tags: AED, Automated external defibrillator, automatic extenal defibrullator, Boy Scouts of America, first aid, RecreationLaw Facebook, Standard of Care, Youth Camp Leave a commentIt moves up because the best get better.
Many people believe that the standards of an industry change three basic ways.
1.) The entire industry gets better.
2.) The bottom, or worst part of the industry gets better; or
3.) Written standards are created that makes the industry get better.
All three are incorrect. (The third belief serves the opposite effect and usually promotes lawsuits.)
Standards change when the best get better and move the standard in the industry upward. It was recently reported that the Boy Scouts of America purchased AED’s for all of its offices and camps. That is an example of the standard changing for camps. It may not affect the youth the camps are designed and run for, however it will affect the adults at the camp.
Has this changed the standard of care for adults and visitors at camps?
In this case we have the largest promoter of camping in the US with 4 million members and more than 300 offices and close to 400 camps putting AED’s in their camps. This is a major move on the part of the industry. A significant, as measured by numbers or percentages of the industry now has AED’s at their camps.
If other youth camps, either based on this, or on their own start installing AED’s as their camps the standard in the industry is shifting towards or requiring having AED’s in camps.
The standard changed.
What do you think? Leave a comment.
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Letter to the editor: Camp Business
Posted: May 9, 2008 Filed under: First Aid | Tags: Camp Business, first aid, Good Samaritan law, Health care, Health care provider, James H. Moss, Law Leave a commentMay 1, 2008
Rodney J. Auth, Publisher
Camp Business
PO Box 1166
Medina, OH 44258-1166
Camp Business May/June 2008
I read with interest and concern the article Medical Matters in the May/June Camp Business. I believe it should be pointed out that no liability protection is provided by receiving doctor’s standing orders or physician protocols. I’m going to use the term protocol to refer to standing orders. This is the term used in the medical industry and by state statutes to define a physician directing a non-physician to do a procedure that is more than first aid. A physician issuing a protocol which the camp follows does not provide any liability protection to a camp.
There are two main issues that define how a protocol can be issued by a physician. The first is to whom the physician’s protocol is transmitted. That can be either a licensed health care provider within the scope of their duties as defined by state law or an employee of the physician under the supervision and control of the physician.
A licensed health care provider is a nurse, physician assistant, paramedic or emergency medical technician; someone is has been issued license by the state. Whether and how someone is licensed is controlled by state law and varies by state. The scope of the duties a licensed health care provider can provide outside of the supervision and control of a physician also varies by state. A good example is the states are split about evenly on whether an EMT can use epinephrine without a physician’s approval. This difference is also important if you are hiring a health care provider. Make sure you hire the person who is licensed by the state to perform the level of health care you expect under the law where the health care is to be performed.
The second, if a person is not a licensed health care provider they may still be able to act, however they must be under the direct supervision and control of a physician. That generally means the physician has trained the person in the procedure, the physician has employed the person to administer the procedure and the physician is within the distance required by law. Distance varies by state. In Colorado the physician must be within 30 minutes of where the procedure is being done and be able to get there. In Arizona the physician must be in the same room as the person administering the procedure.
As such, for most camps in most states physician protocols for non-licensed camp personnel provide no liability protection. Any liability protection that a proper protocol does provide does not stop any litigation; it just changes the claim from failure to provide proper first aid to a medical malpractice suit and ads the physician as a defendant.
Also of concern is asking a physician to issue a protocol that puts the physician at risk for review or worse by their state physician licensing agency.
Things have changed dramatically from my camp staff days. One of the main duties in preparing for the campers was scraping the m off M&M’s in anticipation of homesickness problems.
Sincerely,
James H. Moss
Editor Outdoor Recreation Law Review
www.snewsnet.com/lawreview
http://rec-law.blogspot.com/
For more information on this subject see: Legal Issues in First Aid #3: The prescription drug conundrum, Legal Issues in Wilderness First Aid: Value of various first aid certificates and training, Arizona adopts epinephrine Good Samaritan law, Legal Issues in Wilderness First Aid



