Episode: 4323
Title: HPR4323: Good Samaritan laws, Duty to rescue in the Netherlands
Source: https://hub.hackerpublicradio.org/ccdn.php?filename=/eps/hpr4323/hpr4323.mp3
Transcribed: 2025-10-25 22:59:31

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This is Hacker Public Radio Episode 4323 for Wednesday the 26th of February 2025.
Today's show is entitled Good Samaritan Laws, Duty to Rescue in the Netherlands.
It is hosted by Ken Fallon and is about 9 minutes long.
It carries an explicit flag.
The summary is, Ken talks with safety officer trainer Johan about the law's covering
providing first aid in Holland.
This episode contains information that is for a mature audience.
Parental discretion is strongly advised.
This episode does not constitute legal advice.
Prisoners are urged to consult a legal expert for more information.
Hi everybody, my name is Ken Fallon and you are listening to another episode of Hacker Public Radio.
In today's show it's a response to HPR 4216, yes, some guy on the internet said Good Samaritan Laws in the US meant that you shouldn't help somebody.
Well, we're here at the safety training, safety martial training and I have had the opportunity to give my opinion on what it was in the Netherlands but I thought I should take this opportunity to ask somebody who actually knows somebody who does this training for a living.
So I'm here with Johan.
Hi Johan. Hello.
And what is it that you do?
I'm a trainer. I gave first aid and image response trainings in companies professionally.
Why do companies even want that?
Because our Dutch working law demands from employers a safe working environment.
And if the employer has more than 15 employees in services, he needs to appoint staff to be an image response officer.
So in case of emergency, they have to act as long as the best way they can till the professional services arrive and take over.
So this is like for state people, tackle fires?
Yes. First aid, fighting fire, effective at buildings and the best things they can do is before something happens to be acting on a dangerous situation and prevent them from happening.
So the real reason I wanted you to hear was that things are different all over the world.
In the Netherlands, if I walk more on the street and I see somebody is unconscious, am I just allowed to walk past and leave them there?
No, it isn't. In our constitution says that every civilian in our country needs to help a victim in a life-threatening situation.
If you don't, you will be prosecuted.
And if you do, the least you can do is call 112 and make sure the professional services know there's a victim and they will come to help the victim.
So that's 9-1-1, that's the emergency number here.
And if you want to do that, I mean, did the really, did the really prosecutor?
Well, it depends on if you are in camera feeds.
They can use it by the district attorney as evidence.
They can prove it to the judge that you violated the law and then can prosecute you and fence you contempt from negligence.
Oh, wow. And does that actually happen?
In the past, it happens a few times because there was video feeds.
Okay.
So you do help.
Yes.
But what's to stop the person dies or the person breaks a bone or I break the...
I'm giving them CPR.
Thank you, CPR.
And then I break the ribs and then they come and prosecute me or how does that work?
Well, according to their penalty laws, you're not liable because you do the best thing you can and know according to a constitution.
That means you can make mistakes.
You're not a professional, you're a civilian.
So the government expect you to act the best way you can and know until the professional service come and take over.
And then they take charge and you have to obey their instructions.
You can call one and two and they also guide you by phone until you want to do.
But if you break a rib or you damage the ribs or the lungs during your helping action, you're not liable because our constitution demands your action.
Okay.
Will you be responsible for that person's health care?
Will you have to pay for the emergency services if you call them?
What are the bills?
Financially, are you on that route?
No, you don't have any liability.
The moment the pair manage come and they take the victim with them, the victims' health care insurance will get the bill.
And if they don't have health care insurance?
Then there is a national funds which cover it.
Okay.
So I'm not going to be you.
No.
And health care in Holland is free until you get brought to the hospital.
Okay.
So if the ambulance comes and checks you out and puts you on the streets without taking you to the hospital, you won't be charged.
And everybody is required by a lot of health insurance.
And once you go into hospital, you're required by a lot of health.
And if you can't afford it, the government will pay first.
Yes.
So, okay.
But, okay.
As it happens, we were there.
I broke somebody's laptop.
Yeah.
The guy tries to sue me for, you know, I don't know.
Damages.
Damages.
Yeah.
Well, they can try it by silver cord.
And hopefully the judge is sound enough to, in his mind, to reject the complaint.
But every civilian in Holland is by law, the manate to have a libel insurance.
Yeah.
So, that means the moment you break something or damage the goods of an victim, their own insurance company will pay them for that damage.
So, the laptop is comfort by their own insurance company.
So, you got the health insurance, you can't be prosecuted.
The health insurance is going to pay for the hospital bills.
And the damages that car will come out of their mandatory insurance anyway.
Yes.
Okay.
I come along and I'm about to do CPR on somebody.
And I see one of these right to die things.
You know, maybe can you explain what the right to die thing is?
Well, in Holland's article 11 of our constitution says you have the right to determine your own life.
Yeah.
So, for example, if you get a diagnosis from a terminal disease, and there is a cure, but it's very heavy to undergo the cure.
And they're dangerous to it.
Then you have the right to reject that cure, that treatment.
And the physicians need to respect that decision.
Yeah.
So, if you find someone with a pendant on the necklace on the chest, it says, do not resist at me.
Yeah.
It's either a yellow round pendant, yellow or a silver rectangle with a picture and a signature of the victim.
Yeah.
Some people are afraid that a pendant is on the in the neck, in the back, if they are on the back.
So, they have put a tattoo on the chest with a sign.
As a civilian, you need to help the best way you can know.
Yeah.
Not a medical professional.
Yeah.
So, that means if you find that notification, you have the right to obey and stop the CPR.
Yeah.
Or you have the right to ignore it and continue the CPR.
Yeah.
But if you continue, you will know the moment the paramedic come and the nurse from the ambulance
see the notification, they will stop.
If they continue treatments, they will be liable.
Okay.
But as a civilian, you're not liable.
Okay.
You need a choice.
So, if my religious belief was that I, you know, right today, I don't have to honor their
wishes, I can continue to restore them.
Yes.
Both.
If I, I know also know that I've passed it over to a doctor, then they'll stop.
They're, they're not going to do that.
That person is dead.
Yes.
It's my choice.
Whether I continue then.
Or you leave the decision to the professionals.
To the professionals.
Yes.
That's your choice.
Okay.
This was again, excellent.
Is there any other bits and bobs weirdnesses that is, is, to me, this all seems very
normal.
Yes.
But I, I've been dodged right now, so it, it seems fairly normal to me that this will
be the way.
It's kind of, I imagine, similar in Ireland that you would help people.
So was there anything else you think that I missed or should have covered everything?
Thanks very much for taking the time.
For the interview, the train, as always, was excellent.
I think I look forward to it every year.
Right.
I block everything.
For more information, we'll be in the show notes and tune in tomorrow for another exciting
episode of Hacker Public Radio.
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