AD 2015 Q4
This is the “not do” component. It is also somewhat harder to define. After all, who determines the duty to care and the non-compliance thereto in unique emergency situations? Still, this component is more likely to lead to a recovery of damages. Put differently, when you are under a legal duty to take reasonable care and you do not do it, then you could be held liable for damages that are directly caused by the breach of that duty. The key elements are “reasonable care” and “directly caused”. Let’s break that down, starting with directly caused. This means that the damages are linked directly to the failure to perform the reasonable duty. This is called a causal connection. In other words, there must be a connection between the duty not complied with and the damages. deep diving are so hazardous that it may well be better to only jeopardise the life of one individual rather than two. That is, of course, as long as no one is put at risk during the subsequent body recovery or rescue efforts! Well, as a qualified instructor and dive leader, I shall continue to teach and advocate the buddy system. I do not like the idea of diving alone anyway. I prefer to share the joys of diving with someone able to share the memories of the dive. To me, diving is, and remains, a team sport. Which introduces another consideration: How would the principle of duty to take care be applied to children who dive? Training agencies impose age and depth restrictions on children who enter the sport before the age of 14. Depending on the age and diving course, a child may be required to dive with an instructor or at least another adult dive buddy. If the adult were to get into trouble, the child would not be expected to meet the duty of care of another adult. He/she would be held to an age appropriate standard. What about all those waivers? As mentioned in the previous article, waivers define the boundaries of the self-imposed risk divers are willing to take by requiring that they acknowledge them. Waivers do not remove all the potential claims for negligence and non-compliance with a duty of care. As such, it is left to our courts to ultimately interpret the content of a waiver within the actual context of damage or injury.
This is the “not do” component. It is also somewhat harder to define. After all, who determines the duty to care and the non-compliance thereto in unique emergency situations? Still, this component is more likely to lead to a recovery of damages. Put differently, when you are under a legal duty to take reasonable care and you do not do it, then you could be held liable for damages that are directly caused by the breach of that duty. The key elements are “reasonable care” and “directly caused”. Let’s break that down, starting with directly caused. This means that the damages are linked directly to the failure to perform the reasonable duty. This is called a causal connection. In other words, there must be a connection between the duty not complied with and the damages.
deep diving are so hazardous that it may well be better to only jeopardise the life of one individual rather than two. That is, of course, as long as no one is put at risk during the subsequent body recovery or rescue efforts! Well, as a qualified instructor and dive leader, I shall continue to teach and advocate the buddy system. I do not like the idea of diving alone anyway. I prefer to share the joys of diving with someone able to share the memories of the dive. To me, diving is, and remains, a team sport. Which introduces another consideration: How would the principle of duty to take care be applied to children who dive? Training agencies impose age and depth restrictions on children who enter the sport before the age of 14. Depending on the age and diving course, a child may be required to dive with an instructor or at least another adult dive buddy. If the adult were to get into trouble, the child would not be expected to meet the duty of care of another adult. He/she would be held to an age appropriate standard. What about all those waivers? As mentioned in the previous article, waivers define the boundaries of the self-imposed risk divers are willing to take by requiring that they acknowledge them. Waivers do not remove all the potential claims for negligence and non-compliance with a duty of care. As such, it is left to our courts to ultimately interpret the content of a waiver within the actual context of damage or injury.
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• Medical emergencies — seizures: With Laurel’s<br />
type of cancer, seizures were frequent. Knowing<br />
how to respond to the initial seizure helped keep<br />
everyone calm. My skills also helped with her<br />
recovery following major seizures; sometimes it<br />
would take several days for muscle and verbal<br />
ability to return.<br />
• Temperature-related injuries: Near the end of her<br />
life, Laurel’s autonomic nervous system failed, which<br />
affected her ability to regulate her body temperature.<br />
Being able to recognize and properly treat heat- and<br />
cold-related problems proved to be very helpful and<br />
prevented worsening of her condition.<br />
• Home emergency plan: When we decided that<br />
Laurel would die at home, we formulated Plans A<br />
through Z using the emergency planning skills I’d<br />
picked up in my training. This helped everyone<br />
know what to do in the event of various situations<br />
as they arose.<br />
• Lifting and moving: This was a skill I used daily<br />
when getting Laurel into and out of a chair or bed,<br />
rolling her for cleaning, changing dressings and for<br />
comfort. Knowing how to do this without injuring<br />
her or myself was very important.<br />
NEUROLOGICAL ASSESSMENT<br />
• Conducting a neurological assessment: At each<br />
checkup, the doctor performed the same tests on Laurel<br />
that DAN’s Neurological Assessment course teaches.<br />
I used these skills to determine whether her condition<br />
was improving or declining. Conducted weekly, these<br />
tests measured neurological function and over the<br />
months established a baseline for comparison, especially<br />
following events such as a seizure or brain surgery.<br />
EMERGENCY OXYGEN<br />
• Oxygen administration: As divers we all know the<br />
benefits of oxygen. The doctor recommended that<br />
Laurel breathe pure oxygen for 30 minutes each day,<br />
if possible. I used my DAN oxygen unit for these<br />
treatments, which I believe helped speed her recovery<br />
following surgeries and seizures.<br />
This is a short list, but it illustrates that while first aid<br />
training is typically undertaken to prepare us to react<br />
in emergencies, life can challenge us in ways we never<br />
imagined. The life-saving skills taught in these courses<br />
can easily be adapted and applied to other challenging<br />
situations your loved ones or other people in your life<br />
may face. <strong>AD</strong><br />
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