do I hear a law suit?

no but i hear that lady typing an FML right now "today,I broke someones ribs by thinking he was ckoking FML

Anyone that has basic first aid or better knows you don't do abdominal thrusts while the victim is coughing. only when there is no sound due to completely blocked airway. Sue the bitch for assault.

fo real.. she shoulda just walked away, every man for themselves

I heard you're supposed to ask the person if they're choking before you go Chuck Norris on a fool.

lol, 59! OP, that does suck, so FYL, but suing someone who was just trying help? Yes she was in the wrong and didn't have training, but she didn't want to stand by and let some die.

if you're over 18 you can sue because she didn't get consent and for negligence because she did it wrong (also the correct procedure for red cross first aid/cpr certs is 5 back blows followed by 5 abdominal thrusts on a repeating cycle). if you're under 18 she had implied consent (if she's certified) but you can still sue her for negligence. yes she was just trying to help but what if she does something like this (or worse) again? she at least needs to get certified.

59, you're supposed to ask, but if they can say yes, do nothing, cuz they're not actually choking.(: And op, just be thankful that there are still good enough people in the world to try and save your ass.(: She may not be the smartest, but at least she cares.(: You could've easily really been choking, and I'm sure then you wouldn't mind a little help.(:

2, you can't do a lawsuit on that

all u ppl except 76 and 103 are stupid dicks. I mean If u were the woman, and u saw someone choking, would u just sit there and let them die?

Yeah, file a lawsuit for somebody trying to help you, and see if anybody wants to help you ever again.

definately!!

Uh no. If you don't know how to apply the Heimlich and you grab someone who isn't choking and break their ribs, then you are an idiot and deserve the consequences. You're not helping, you're making the situation worse. Stupid is as stupid does Forest!

true dat

well, it's one thing if the op was actually choking. HOWEVER, anyone with a fifth grade education knows that if the person is coughing, they are not choking. there are laws like this for a reason.

131, yes you can. the op A. wasn't choking B. the woman did not ask for consent C. the woman wasn't certified D. the woman did it wrong, which resulted in injury. there's a reason you have to be certified and get consent. its the law!

idk how it works in the usa but in canada, there is a law forbidding you from doing a lawsuit against some one trying to help you, even if that person does not have adequate formation to provide such help. That is UNLESS some one that was actually formed to help in such a situation is close by. other than that, FYL OP that suks but hey, if there is still one person that tries to help people in need, maybe others are still hiding. i hope u found some place in your hurt clouded mind to thank that person for having cared about you... so ya.. fyl for the broken ribs but ty lady for having tried to help.

103, in my CPR & First Aid training, I was told if you touch someone without their consent, it's assault and/or battery. You have to ask if they're choking. If they are, they'll nod "yes" and then you ask permission. If they refuse, it's battery to touch them, however, once they're unconscious, you have implied consent. No one should perform CPR or the Heimlich without proper training. Broken ribs ae dangerous and could have punctured a lung, so I would say suing for his medical bills isn't beyond reason.

I'm pretty certain 59's right. As stupid as it sounds xD My EMT class went through basic first aid training and the video said ask "Are you choking?" I thought it was hilarious, but apparently you really should ask

201 yeah. in health I learned you're supposed to ask them. they can nod yes or no depending. my comment wasn't that stupid :p

oh realy?

85 you're an idiot. maybe you should take that class again, then determine if the route you suggested was right. maybe spend less time reading fml and more time paying attention in class

^ maybe your an idiot

^ maybe you're a giant fluffy puppy

lol 59 wow

I am not sure the laws in new York but I do know of the good samaritan law in some states where they are legally obliged to help. I think it works where if you are certified and are at the scene if you don't help until more professional help arrives you do jail time or a fine. Mostly it's you need consent but a few plays it's the opposite.

#85, there are all kinds of things wrong with your comment. First, the 5 back thrust/5 chest compressions is the proper procedure for an infant, and I doubt OP is an infant. Secondly, I doubt that she's certified, seeing as how she not only did the maneuver incorrectly but she did not follow proper protocol, and since she doesn't appear to be certified, she would be protected under the Good Samaritan laws, therefore even if she would be brought to court, she would be found not guilty. (In a Good Samaritan case, you have to prove that the defendant either knew or should have know (read:had the training to know) that he/she was doing harm to the patient and willfully did it anyway.)

actually 276, because the person was not certified, the good Samaritan law do not apply.

i'm amused by how many have simply jumped to the conclusion that the woman did this out of the kindness of our heart. you said it yourself: nobody want's to help anyone anymore. what i find to be far more likely than the woman seeing someone she thought was in need of life and death help i belive she saw a chance to became the hero of the day. honestly i agree. people should be generally more helpful. but if you have no idea what you are doing then you are far more likely to make things worse than you to actually help. should we all just run around performing the medical procedurse we see on TV? can anything be excused by trying to be helpful? good intentions alone is not going to save the world. you need to know what the hell you are doing, to all the people treathening to leave me chocking: thank you i wouldn't want it any other way since i seriously doubt any of you would be qualified to actually help me.

131--you can so easily do a lawsuit. My parents' friend got sued by an elderly couple after he helped the wife up when she fell at his restaurant. It was later determined that her leg was broken, and they claimed he had done it. Not sure how it turned out, but still.

I know right! the bitch totally deserves it I mean come on who does she think she is going around trying to save peoples lives. -.-'... OP although this is unfortunate and I do feel sorry for you I hope you don't press charges, she was honestly just trying to help.

agreed Robbo

agree with 8 that's why people don't get involve in helping others

that's the problem with the world... when ppl try to help, they get sued... imagine she was chucking and she didn't help... she wouldn't be able to write a FML from her grave! guess that's why I'm proud to be Aussie, we never sue so we are always happy to lend a hand!

and I wrote that on the wrong post lmao sorry... but to add to this one.. she should not charge for the same reasons!

she should be charged you can't run around playing hero! reason people get certified is to know the dangers of that move she could of hurt him even more! how stupid can you be

you can not be charged with anything in the U.S. if you are legitimately trying to help someone. it's called the Good Samaritan Act.

She should be sued. I'm first aid and CPR certified by the Red Cross. If the OP had actually been choking, I could have actually helped properly. It's why we have certification classes. Plus, you have to ask for consent to help a conscious adult, no matter what.

Sorry for double post. @77, That only applies within the scope of your training. no training, no protection from the Good Samaritan Law.

you only have to ask for permission if you are a certified EMT. "Joe shmoe" on the street can't be sued or charged if the is no malicious intent to do harm and only intent to help the person.. whether they do it wrong or not.

you have it backwards 80. I am an EMT and only people who do NOT have training are covered by GSA.

And not all states have the same good Samaritan acts. If she was trained but messed up she would likely be protected, but could very well have faced a lawsuit if she walked away or ignored you and you were choking.

if you have any medical certs at all then you CAN be held accountable bc you should know what you're doing. if you don't have any training and you're really just trying to help.. you can not he held accountable. I'm done

Anyone who wants to help a conscious adult must ask permission. Period. that alone voids her protection under Good Samaritan. Performing an incorrect Heimlich when you aren't trained, again, no Good Samaritan. By the way, you don't do the Heimlich anymore, you do a different maneuver. The Good Samaritan protects those who help in life or death situations, or those within the scope of their training. Conscious choking isn't life or death. Unfortunately, her "act if heroism," was really just a stupid move.

I'm pretty sure this would fall under the Good Samaritan laws, HOWEVER she obviously doesn't know the correct procedures! if someone is coughing then they are still getting air through their airways, the heimlick is only necessary if the person is turning blue and unable to breath. Coughing = unblocked airway, you must wait for signs of blockage. This exemplifies why CPR should be mandatory for all adults...

Good Samaritan laws are laws or acts protecting those who choose to serve and tend to others who are injured or ill. They are intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death. I'm gonna have to side with jsgunner.

well you weren't ******* there, were you? sorry we aren't all super heroes like you and that people try to help people. Jesus Christ, what was she thinking? the person was choking for crying out loud and you wanna fine her? thats like you getting in a car accident and no one calling for 911.

Has it ever occurred to you people that you live in ****** societies? Here in Germany (as in most countries in Europe) it's a criminal offence to not help someone who is in distress. For example, the photographers who stood around while Princess Diana died in Paris were staring down the barrel of 5 years in jail, or a €100,000 fine.

you are supposed to legally ask a person if they need help first instead of just jumping into hero mode.

3, It would be battery, not assualt. In most cases, It is illegal to apply medical attention to anybody without their consent. However, different laws(etc..) apply, so suing would most likely be uneeded.

ikr!!! its the same in quebec, where i live, the only way GSA doesnt apply is if a more competent person is close by, then u HAVE to let the most competent person help the injured... and for all you assholes who are there "i am certified thats not the way to do it" well were you fkg there for christ sake??? no so shut your pie hole and be thankfull some one helped god dammit it pisses me off people like you who think you are allmighty just because you have proper training!!! she does fall under GSA protection since she tried to help some one she tought in distress. every fker who said sue her you should get either some life experience or some moral judgement, a mix of both is highly recommended. ohh and nazis dont bith on me bitch on the ipod (and the fact that some people dont have the same knoledge as you) at least i tried!!!

add my comment after zebidee's it would make more sense. and yes i notice every day how much we live in fked up countries. i end my journey on this fml here

Geko - Yeah, Quebec is another of the Civil Law jurisdictions where a Duty to Rescue applies because they follow the French model, not the British one. There is a requirement to act under the Provincial law, but failure to do so isn't prosecuted as a criminal offence because criminal proceedings are a Federal matter.

You know what pisses me off? ***** who don't read. I don't have to be there to know the person was conscious and that she did it wrong. The FML ******* says it! Therefore, I can conclude two things. One, the person wasn't trained (She would have known to ask, before giving aid) and two, since she wasn't trained, didn't ask before assisting, and caused bodily harm, she is liable! That wonderful Good Samaritan law applies in life or death situations, or in the scope of ones training. Don't have that? You can assist by calling 911. It's great she wanted to help, but if you don't know what the **** you are doing, call a professional or find someone who does.

in the us there must be consent, and you must state your level of training or good Samaritan does not apply.

drop-kick her

I, myself am certified by the red cross for first aid and CPR. And stated, by the Red Cross so that you can not be sued is that first you have to at least try to gain consent. Then you may help the person depending on the situation. BUT to avoid being sued you MUST follow proper procedure from calling for consent to performing your skills PROPERLY. She can be sued but at the least if it was me, I would be happy to even have someone at least try to help me out. And I would only sue if they were trained and did not follow the strict procedure that you must follow.

I'm with 126 your all a bloody joke, you don't actually care about anyone or any facts... this is a pissing contest to see who knows more! well the fact is... if your chocking, I doubt you would be asking proof of knowing what anyone is doing to save you ffs yes I'm aware this time was just a coughing fit!

she wasnt certified, and didn't know what she was doing. she caused harm. she did everything wrong. should OP have to pay med bills because she tried to be helpful? also, what if you tried to be helpful by trying to save somebodies life and killed them, when they weren't injured? what if his broken rib punctured an organ? certification.

#80 you have it backwards. If you have training you are "trained" so the Good Samaritan law does not apply. If you are untrained then you have not been certified to do it the correct way and thus cannot be blamed for doing it wrong. There is no way this person should be sued. She was only trying to help

If the person was coughing, they aren't choking to death. You have to have permission from the person in order to even begin the maneuver if they are still conscious. Good Samaritan law says that you can only act without permission if the person isn't conscious

/ ur retarded. u may break ribs on cpr, not guaranteed. the heimlich shouldn't break ribs if u do it correctly. r-tard

True, but the Hemmlich is done to get the person choking to cough. OP was already coughing so that lady should have never started the Hemmlich maneuver.

You shouldn't be breaking ribs doing the Heimlich, you idiot. You thrust just under them. I hope people never have to depend on you to save their lives.

The Hemmlich can break ribs. that's what they told me at a training course.

Actually, you're the tard wvo. The heimlich maneuver can indeed break ribs, even when done correctly. At least you spelled heimlich correctly. And to everyone, you can't sue over this. It's covered by the good samaritan law. Also, if somone's coughing, they're not choking. You can't cough when the airway is obstructed.

Actually, I doubt that's covered under the law- I don't know law that much but I'm pretty sure it's not since she did an emergency maneuver she had no training at all for.

ulick, if u read I said "shouldn't". I didn't say that it doesn't happen

when responding to a person in need you have to state you are trained and certified and you have to ask if the person is in need.

By law in most countries you cannot perform first aid such as the heimlich maneuver unless you are given consent, parental consent or implied consent (unconsciousness) else you may be charged and you are not covered. If however you are given consent and injure the person performing first aid you are trained for then it is covered, but not if you are not trained for that first aid technique you performed

By law in most countries you cannot perform first aid such as the heimlich maneuver unless you are given consent, parental consent or implied consent (unconsciousness) else you may be charged and you are not covered. If however you are given consent and injure the person performing first aid you are trained for then it is covered, but not if you are not trained for that first aid technique you performed

I suppose under certain situations a few broken ribs would not be amiss, such as when performed on individuals with brittle bones or osteoporosis or elderly people, but you are incorrect in supposing that like CPR broken ribs are expected! The Heimlick applies pressure UNDER the ribs, not over them.

22, you are covered by it for any reason when helping someone who is hurt or may seem dying

you people are stupid, didn't you take 8th grade health class? kelend is right, heimlich breaks ribs when done correctly

It doesn't normally break ribs, but it can when done with enough force. Please get your facts straight.

OP specified that the woman was doing the Heimlich incorrectly BEFORE he mentioned she broke two of his ribs as well. The possibility that she did a bad Heimlich AND broke his ribs in the process should be recognized. I could be punching someone repeatedly in the abdomen, breaking their ribs, and according to many of the comments above, I would have done a successful Heimlich. People are so quick to decide that OP is ignorant regarding safety procedures...

actually there's a need for consent law too and it goes hand in hand with the good samaritin. if she wasn't taught she should be okay but if she was and did it wrong she's not okay. plus she didn't follow the need for consent law which you need to ask all adults if they want help or not before you perform heimlich or CPR

lol^

Only covered by the law if she gains consent from the person she's helping. Or if they're unconscious.

agreed. idiots these days

The heimlich isn't the correct way to save someone anyways.... The correct way became the "j thrust" years ago. Neither are supposed to break your ribs, but the heimlich can.

OP's airway wasn't blocked because he was coughing. The overly ambitious rib cracker is the dumbass...and you. :)

people hardly have time for getting laws straight when someones dying. I'm pretty sure you're more likely to get sued for not doing anything. however in this case OP obviously wasn't choking if he was coughing and the lady over reacted.

If Heimlich is done correctly, your fists are under the ribs. You shouldn't end up breaking them. You're putting stress on the stomach and can make someone regurgitate or throw up. Besides, OP wasn't even choking in the first place.

Actually he can't be covered by the good Samaritan law It says that if the victim says no to help, they can't help the person. You can only help without approval of the person if the person is unconscious because you're supposed to believe that the person would want help Just learned this in Health last week. Prove me wrong.

help by braking his ribs while he was just coughing is helping.Ever heard of the phrase "look before you leap" clearly if he was choking he would be down on his knees or he would be trying his hardest to beg for help not cover his mouth and cough

plus don't you think you would be gasping for air

You can't gasp for air when choking, that's sort of the problem.

seriously. " oh I'm choking I hope no one helps me!"

actually it's called the need for consent law. if the victim is conscious, you HAVE to ask them first if they want help. if they say no, you cannot perform the heimlich or CPR, or you could be held liable. so yes, it can be "no one help me I'm choking"

97 It depends on the shape and size of the object because it may leave gaps allowing OP to gasp but it would be difficult

You are not supposed to perform the Himmlich maneuver if the victim is coughing because that means they are still able to get air. You should only perform it when the victim is receiving no air at all.

Jackass, you probably don’t even know what the Heimlich maneuver is! **** you

You can't sue in this situation. The only way you could sue is if a trained professional does it and screws up. You can't sue just a normal person for just trying to help.

I believe you can. In the CPR course I took, I was taught you must ask and if they say no you wait till they pass out then begin CPR or whatever is needed.

A "normal" person shouldn't help anyways. For this reason exactly.

well the next time i see you choking I'll be sure to walk straight past. btw good Samaritan act. you can't use. she wasn't a trained professional just a normal person trying to help with no ill will intended.

I agree: they should definitely sue, how dare someone try to save OP's life!

Different laws may apply, OP could not sue under most circumstances.

Lol 38 you're a retard.

yeah maybe she thought he was trying to choke himself to death because his penis won't talk back to him anymore

LMAO nice one MissBunny XD

But the first thing you're taught is to ask the person if they're choking

says the dude in the batman or robin costume

People do strange things in life. Everybody knows, or must know, that you are not allowed to move wounded people. That still happens everyday. Why? Because everyone who's mentally alright wants to help. I completely understand your post, the lady shouldn't have done the Heimlich, she didn't know what she was doing, that's so dangerous, blablabla...but sue? And calling her the bigger dick? You can say whatever you want, but she WAS trying to help. In situations like this, you have to make a decision fast. Very fast. The lady possible didn't even thought about it, it was just a reflex. She's not a dick. She didn't think well about it, that's for sure.

and I hate people like you who sue to sue. her intentions were good. even if she was in the wrong. people are afraid to do anything helpful because of getting sued. I'm glad she has the balls to help. and what of this person? why did he let her do it if they were just chocking? should have pushed her off. but oh wait let's just sue her ass. pathetic.

This is like saying "don't try to save someone from a burning building because you're not a trained fire fighter", or "don't try to save someone from a car wreck because you're not a trained medical person". People do what they can in an emergency to help others, for Christ sake. As others have said, the Heimlich can indeed break ribs even when done correctly. Her mistake was administering it to a coughing person instead of a choking person. It was an unfortunate mistake, nothing more.

Actually it's not in the least like pulling someone out of a burning building. And it's not like sueing to sue. Broken ribs hurt. A lot. It could impair the OP's work(if any) or schoolwork(if any). I'm not saying sue like sue for a million bucks out of the blue. I mean first request her to pay your bills or something. Sueing is indeed a last resort. Also, how can it be a reflex? I mean, come on, do you do the Heimlich maneuver to everyone? Plus it's not even that much of an emergency, it's a store, there's definitely going to be SOMEONE who knows the correct stuff. There's really no qualification for going into a burning building and saving someone(apart from having huge, huge balls). If someone's trapped you can't really harm him or her anymore and I agree sueing would be a dick move there. EVEN if she saw Heimlich on TV she should have known that it's a last resort, etc etc. Another big thing is....please, there is a goddamn huge difference between having a coughing fit normally and having a coughing fit because you are choking.

And even if you are having a coughing fit because you are choking, it is never okay to begin the Heimlich when the person is still able to make noise. This is far more dangerous than doing nothing, as it can cause whatever they are choking on (and their body is trying to dislodge by coughing) to get caught and completely block airflow - which, ironically, would then be the time to perform the Heimlich. As far as good samaritan law goes - this woman committed a tortious act. Overall the US has declined to make any sort of good samaritan law, for various reasons. I am not intimately familiar with New York law, but have not heard of any specific law that compels anyone in the US to help anyone else, unless they have a duty created by the circumstances surrounding the harm (or if there is a sufficient relationship between the parties to create a duty, i.e. parent-child). What the law says is that, when you undertake to help someone in need, you are required only to leave them no worse off than they were when you begin helping. Breaking two ribs is leaving him in a worse position. Tort law is objective. It doesn't matter that the woman thought she was helping; a reasonable person who didn't know the Heimlich maneuver would probably not perform said maneuver. Granted, this is probably for a judge/jury to decide should it ever go to court. I agree that people who attempt to help others should be commended. However, people who cannot help on their own, and can only harm - like the woman in this case - should not perform medical procedures for which they have not been trained. I agree with everyone who says she should have gotten help. A choking person is unlikely to die in the ten to twenty seconds it takes to find help inside a store, especially when said person is still able to cough.

Really, what are you going to sue for? The treatment for broken ribs that aren't sprung or pointing a jagged edge at something important is basically to suck it up and wait for them to heal. It's horrifyingly uncomfortable, but so what? There's no constitutional guarantee that you're entitled to a comfortable life. I imagine if you lost your job as a trapeze artist as a result of the injury, you might have some basis for taking some action, but for most people it's just an unpleasant experience.

they're called good samaritan laws. unless someone is in a life-threatening situation (i.e. unconscious) you must get their permission to help them. since she did not ask him AND caused bodily harm he can get quite a bit from her and her insurance. Even if there is no medical treatment (which is bull, btw) he can still sue for pain and suffering which she definitely caused.

let's all type long insensitive paragraphs!

Even though she wanted to help, she didn't get permission to assist, and (I assume) wasn't trained. Good Samaritan law doesn't apply, and I would sue. Please get certified, or just call 911 if you don't know what to do.

I like the way these people think. My military medical training is not recognized as official as a civilian, so I would count as untrained. The next time I see someone choking or trapped in a burning building I will light a smoke and watch them die, so as not to be sued for causing them additional damage.

make sure u bring popcorn to drifter it might take a while before they die you no and u wouldn't wanna miss any of the action. honestly tho all u ppl saying "sue" are wats wrong with Ur country the woman made a mistake sure but atleast she TRIED to help if you were the one choking would you like if everybody stood around watching because they were to afraid you'd sue them for helping?

yes but performing heimlich on someone who isn't choking is very dangerous, as well as performing CPR on a conscious or breathing person. very very dangerous not to the ribs but heart and lungs. and there is a need for consent law

It doesn't need to be official. If you do it correctly and save someone's life, you're good. Good Samatarian laws protect you THEN.

You are an awful person, to say someone should die because she was trying to help someone she thought was in trouble....yeah, she shouldn't have done it because she wasn't certified, and she didn't actually ask if he needed help. But, how do you know it because she "seen it on tv"?....no, people like you sicken me, and you have no right into judge who should die, maybe the world would be a better place without nasty people like you. I would feel horrible if I thought someone is choking, and I didn't say or do anything, and just walked on by, it would tear me up...of course I would ask first, but even if I wasn't certified, I would've still helped if they said they needed it....and if they sued me, oh well....it will be them who will have to pay for that later...and as the whole searching for someone certified...if someone was choking and dying in front of you and they asked for you to help, what are you gonna do...run around and search for someone...or help them...you needa put yourself in the situation of if you were choking...and see if you would want someone to help you, or search for someone else...but like I said, she needed to know the situation better...but still....you need to go to church, and pray real hard...

Oh haha you're a nice religious troll. She picked it up on TV because there's nowhere else she could have. And yes I believe a lot of people should die. Maybe me too, idk. Oh by the way, I would rather have someone else search for someone who COULD help me and I would do that too. Even though I've seen Heimlich countless times on TV, know it should be done after coughing ends, and you need to ask permission...I wouldn't do it in real life unless it was a desperate emergency.

I'm a certified medic in the state of Louisiana and just so you know....when performing CPR, or trying to help someone who is choking in such a manner, ribs WILL be broken...AND....legal action CANNOT be taken against that person due to the good samaratain law....they cannot be tried....so please research before speaking

There are many things wrong with everything else in the fact that the inconsistencies before and yet tomorrow will be a bright and sunny, but remember to tip your hat to them. Many things are maybes and many maybes are things, here in this place in this moment, chocolate is tasty. This is a very important message. I the how we about think this sense makes.

amen

If you perform it correctly you're supposed to break a rib.

In case no one here knows, you are taught the heimlich manouver in school now and most people have a general gist of how to do it, the only problem in this whole situation was that he was not choking. Her doing the heimlick however "incorrect" (which it is very hard to do it incorrectly) was simply only wrong bc he was just coughing