[handbag]

Health care professionals who assist on BA flights are fully covered and indemnified by BA. Should you assist a copy of the Indemnity Statement is kept with the Medical kit for your information.

[IanFromHKG]

I first read this thread a long time ago. Since then I have learned a couple of things which may be of interest.

A point was made above that non-US-qualified medics aren’t allowed to practice in US airspace. Well, here’s another conundrum – what if you are in the airspace of a country that has a “duty to rescue” (and about twenty European countries have this, by the way) but also has restrictions on medical practice? The answer, ideally, would be a “Good Samaritan” law which protects those who offer assistance in an emergency, but that is unlikely to become universal any time soon. So – and this ties in with the point about whether airlines should reward medical staff who assist – should it not be up to the airlines to provide, through an indemnity or insurance, protection for medical staff? After all, it is the airline which requests assistance.

The dangers to medical staff are all too real. A friend of ours was involved a couple of years ago in saving a woman’s life. Due to possible negligence by her own doctor (litigation ongoing, the last I heard) she was bleeding to death on a gurney. Our friend unquestionably saved her life, but she lost her unborn child. Sure enough, he was sued. Months of stress, considerable legal fees, and unmerited damage to his professional reputation later, he was completely exonerated and rightly so.

Compared to these risks, the issue of reward pales somewhat. My own view is that if an airline requests assistance, and a passenger works during the flight as a result to help another person, then the airline has at the very least a moral obligation to recompense that passenger, either by paying for their time or by refunding the fare.

[LuganoPirate]

Isn’t the water further muddied by the inside of an aircraft being sovereign to its home country? So an American doctor on a British aircraft would technically be subject to British rules. If a European doctor was on board a European plane overflying US airspace he would, I think, be subject to European law and of course the opposite, a US doctor on board a US plane overflying Europe.

I think what this would come down to is the definition of “practice”. If a doctor announced he would attend people’s medical needs while on board for a fee, he would be denounced. If however he attended to someone in an emergency I don’t think that would be defined as “practising”?

Also, in an emergency it doesn’t have to be a doctor who attends. If there are no medical professionals on board then someone with perhaps an advanced first aid qualification could help in some situations.

However, to muddy things further, I take your point Ian about recompensing the doctor. But if this was standard then I’m sure a lawyer would argue that as the doctor was being paid he is liable, and perhaps the doctors professional liability policy would not pay up as s/he was not in their own country.

It’s all a minefield really and certainly the airline should indemnify the doctor, but I think the reward should be the satisfaction gained from saving a life and the thanks and cheer from the patient and adulation from the other passengers and crew!

[IanFromHKG]

It is indeed a minefield, LP. And although I am not absolutely sure of my legal ground in this respect, I think that while an aircraft – like a ship – may for some purposes be the territory of a particular state, while flying in the airspace (or sailing in the waters) of another state it (and its passengers) would also be liable to the laws of the host state. By way of illustration, in accordance with international nauticaul norms, I fly the British (Blue) Ensign from my (British-registered) boat, but since I keep it in Hong Kong waters I fly the Chinese flag above the Ensign, to signify that I accept and submit to the laws of my host nation.

Back to the question of risk… If I were a doctor I would be very tempted to have a website or price-list stating that (where laws allowed) I would charge a fee of GBP100,000 per hour for medical assistance on board to cover the risks to which I subjected myself, although I would consider reducing this on a case-by-case basis, and subject to a disclaimer that I would not act/charge where laws or licensing restrictions prevented it. That way, depending on the circumstances:
* If I were sued for negligence I would countersue for my fee (hopefully the latter would outweigh the former)
* If I were prosecuted for practising without a licence I would point out that I had not levied the fee and was acting purely as a volunteer

In any event, I would find it hard to blame any doctor who decided not to get involved for fear of the risks, or who deliberately indulged in a snifter or two to disqualify themselves, desperately sad though it is that any such person might feel they have to resort to either of these approaches. My friend’s case (ironically he was at the neighbouring lunch table as I was typing my response!) illustrates only too well the risks for medics. The posts on here saying that medicine is a calling and any medic should be glad to volunteer their time (and forfeit any enjoyment they might have from the trip) are, I fear, a bit idealistic.

Perhaps airlines should, at the very least, provide an indemnity form for volunteer medics???

[Charles-P]

I have had two occasions in the past twenty years where because my frequent flyer card states my title as “Dr” I have been asked to help with medical matters. I have a doctorate in aerospace engineering.

[BigDog.]

The jurisdiction issue is a minefield – the BA762 Oslo near disaster being a case in point – a UK carrier, over the UK flying within Europe, in a European built Aircraft yet there is a class action in the US.

[Charles-P]

I was with my son on one of the occasions who said,

“Well I’m not a gynecologist but I’ll take a look” Frosty look from CSD 🙂

[MartynSinclair]

Surely if an airline / crew asks for medical help mid flight, it is the airline who must must somehow satisfy themselves the person who has come forward is indeed qualified …..

I believe that Professional Indemnity insurance only covers work where an invoice has been submitted…(for UK professionals)..

[BigDog.]

Just watched the Queen’s speech during the opening of parliament – it does indeed include “Good Samaritan” legislation to protect those “acting heroically or selflessly in the aid of others”.

[handbag]

Ian_from_HKG – 04/06/2014 06:56 GMT
Perhaps airlines should, at the very least, provide an indemnity form for volunteer medics???

BA do.

[LuganoPirate]

If a baby is born on a US registered plane anywhere in the world, my understanding is that baby will be an American citizen?

[Butterfly1]

Hi DavidGordon10,

Goodness, that poor flight attendant…..
Have you heard about Lufthansa’s Doctor Onboard Programme ?

http://www.lufthansa.com/uk/en/Doctor-on-board

[DavidGordon10]

Hello Butterfly

No, I had not heard of this and it does seem a very good idea …. however, one thing inhibits me from enrolling, and that is that it is tied in to the Miles & More programme. One of my gold cards is with Eurobonus, and it would be crazy to be in two Star Alliance loyalty schemes – and there is always a trend to lose benefits when transferring from one FF scheme to another.

But – it is indeed a good idea and other airlines should think of doing something similar.

[LuganoPirate]

Looks like a great idea, but I’m not sure a €50 voucher and 5,000 miles is really an incentive to join.

[Jgonzales0230]

I too have responded to medical emergencies on flights as a Paramedic. Just recently I had a patient in psychogenic shock as a result of life stress and the stress of flight. Low blood pressure, cold and clammy. Jumped right in to assist. I do usually see something come back from the airlines however I do not expect it. I had a case a few years ago where i assisted a similar situation which stabilized quickly however the captain would not even talk to me and diverted the plane. For my reward I missed my connecting flight and not thank you at all.

[Author]

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