Torts: liability; immunity for individuals rendering emergency services who apply bleeding control; provide for. Amends 1963 PA 17 (MCL 691.1501 - 681.1507) by adding sec. 8. TIE BAR WITH: HB 4109'25
The passage of HB 4108 would amend Michigan law to provide explicit protections for untrained individuals who provide assistance in emergencies. This may lead to an increase in bystander intervention during medical emergencies, potentially saving lives by encouraging more people to step forward in situations where someone needs urgent medical help. By clarifying the legal stance on liability, the bill aims to foster a community-oriented response during crises, creating an environment where citizens feel empowered to take action without fear of retribution.
House Bill 4108 seeks to amend the existing 1963 Public Act 17, which outlines civil liability protections for individuals rendering emergency care. The primary purpose of this bill is to establish a legal immunity for individuals who, without legal obligation, voluntarily take action to apply bleeding control measures in emergency situations. Such measures might include applying pressure, using dressings, packing, or employing a tourniquet. This legislation is intended to encourage bystanders to assist those in need during critical incidents, knowing they are shielded from potential legal repercussions for their actions, unless their conduct is grossly negligent or involves willful misconduct.
While the bill has garnered support for its intent to promote community assistance in emergencies, there may be concerns regarding the potential for misuse. The vagueness around what constitutes 'good faith' actions could lead to challenges in legal interpretations, possibly complicating situations where emergency assistance is rendered but needed medical expertise was lacking. Furthermore, critics might highlight the necessity of proper training for individuals administering first aid, implying that well-meaning actions might not always lead to beneficial outcomes in real-life scenarios.