Render first aid after shooting??

[NewGunGuy3]

I tried searching for this topic but didn’t find anything.

So bad guy attacks and you shoot him. While he’s no longer a threat, he is down and still alive. What is the requirement or guidelines on rendering first aid?? Assume you’ve called 911. I can see several possibilities.

1. You render first aid but he dies anyway and the family comes after you saying because of improper or insufficient treatment, you hastened BG’s demise.

2. Family claims you intentionally hastened BG’s demise.

3. You don’t assist but then are held responsible for not rendering aid.

4. You allow, encourage others to help while you watch for potential other BGs.

5. You don’t render aid, BG dies but you’re off the hook.

I imagine there are other possibilities but these jump to mind. Does it matter where you are? For example, on the street vs inside your home?

Thanks for your responses.

[FastCarry]

Nope. Not rendering anything.

[Keith B]

There is no requirement for you to provide any type of aid in any situation unless you are a first responder. I will only be making sure the scene is secure and safe, not going to risk injury or death from someone who has already displayed their intention to do such to me.

[PriestTheRunner]

The legal mandate for rendering aide is fulfilled when you call 911 and ask for an ambulance. It is only law enforcement that must go beyond that, and even the at a minimum- one officer must pull security. Therefore if there is only one officer and a wounded perp, he cannot render aid without exposing himself, the perp, and other bystanders to risk.

[Mike S]

What is the requirement or guidelines on rendering first aid?? Assume you’ve called 911. I can see several possibilities.

I'm not a lawyer, but my understanding of the Texas Penal Code and the Texas Civil Practices & Remedies Code is there's no REQUIREMENT to render aid following a justified use of force for an ordinary civilian.  However, if you are a First Responder such as an LEO you DO have a statutory requirement to call for & render aid within the scope of your abilities, unless its either unsafe to do so or you are physically unable to do so.

It's also helpful to separate the Criminal & Civil liabilities involved, but to also understand how the two are intertwined: 

Texas Penal Code, Chapter 9 covers the justified use of force & deadly force in protecting self, others, & property.  BLUF: if you aren't already familiar with these sections, then please consider taking the LTC course (even an online version) or make friends with a lawyer who can explain when force/deadly force is & isn't allowed under Texas law.  If your use of force ends up not being justified, then both criminal & civil penalties are on the table for you: 
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm
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Texas Civil Code, CPRC 83.001 states "CIVIL IMMUNITY.  A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable."  ((Chapter 9 is the self defense portion above)).  This isn't as iron clad as it may seem; ANYONE can still sue YOU for ANYTHING.  What this says is that if you are found justified under one of the provisions of Chapter 9, then you OWE them zero in damages.  The best thing this does for you is limit how many civil lawyers will jump on representing the other party when there's strong evidence that they will get no payout from a civil suit.  https://statutes.capitol.texas.gov/Docs ... applicable.
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Texas Civil Code, CPRC SUBCHAPTER D. EMERGENCY CARE. Sec. 74.151 & Sec. 74.152 (aka "The Texas Good Samaritan Law"): if you render aid in good faith & injury or death occurs, you are generally not civilly liable UNLESS:
1. YOUR negligent act or omission was a producing cause of the emergency for which care is being administered ((ie, for this discussion on self defense, you had better be justified in your use of force / not be found negligent in your actions));
2. unless whatever care you provide is willfully or wantonly negligent; or
3. you are expecting to get paid for the aid or services you are rendering.

Section 74.151 covers everyone (other than the exclusions above), but includes examples of volunteer first responders; Section 74.152 specifically states that it also includes those rendering aid in good faith who aren't 'licensed or certified in the healing arts'.   
https://statutes.capitol.texas.gov/Docs ... /CP.74.htm
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TX Code Criminal Procedures art 2.35 (2023 update) states that Texas LEOs must call for medical assistance, and provide medical aid to whatever degree they are trained in while waiting for EMS to arrive.  There are exceptions provided only when it isn't safe to do so (putting safety of officer & others above the person needing assistance), or the officer is injured & physically unable to do so:
https://law.justia.com/codes/texas/code ... icle-2-35/  
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Texas "Failure to Stop & Render Aid" Law (FSRA): https://statutes.capitol.texas.gov/Docs ... TN.550.htm  ((NOTE that this is under the Texas Transportation Code, & mandates that if you are involved in a traffic accident where injury or damage to property is involved, you are required to stop & render aid, call 911, and provide certain information.  To my knowledge, this has nothing to do with a self defense situation.  Only mentioned here because it pops up when doing a Google search, & so others understand the context of what it says // doesn't say)).
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Your hypotheticals, w/ hypothetical responses:

1. You render first aid but he dies anyway and the family comes after you saying because of improper or insufficient treatment, you hastened BG’s demise.

IF you are found to be justified under Chapter 9, AND you actually rendered aid in good faith (ie, not just eye wash to make it look more palatable), I think both CPRC 83.001 "CIVIL IMMUNITY" and CPRC 74.151/74.152 "Good Samaritan" would cover you.

2. Family claims you intentionally hastened BG’s demise.

  Same as above, provided whatever care you rendered wasn't 'willfully or wantonly negligent'.

3. You don’t assist but then are held responsible for not rendering aid.

  Unless you're an LEO, there's no statutory requirement to render aid (other than if you are involved in / witness a traffic accident were an injury occurs).  However, if you aren't justified under Chapter 9, OR you caused whatever injury occurred without a justification, expect to get hammered.

4. You allow, encourage others to help while you watch for potential other BGs.

  Unless you are LEO, you have no authority to 'allow' others to render aid, or 'not allow' them to render aid. Understanding the physiological responses to massive blood loss & the effects on cognition, I personally recommend to my students to be very cautious before they decide to approach anyone who moments ago were intent on inflicting serious bodily injury/death on them; there is a period of confusion associated w/ severe blood loss prior to loss of consciousness, so potentially someone who moments ago may have genuinely 'gave up' may grab you in a fit of confusion & become combative again. You really don't want to be grappling w/ a violent person & rolling around in a puddle of their blood, risking injury or infection by a blood-borne pathogen. ((That is more of a tactical / safety issue than a legal issue. The same risk of combativeness is present with an injured innocent third party, but for me I'm more willing to take a risk on someone who's an innocent victim than someone who set the ball in motion via their violent criminal actions)).

5. You don’t render aid, BG dies but you’re off the hook.

Only if you're justified under Chapter 9, etc as listed above. And, Even if you had a 'reasonable belief that deadly force was immediately necessary to prevent the other's unlawful use of deadly force against you', you might still get hammered. Our system of justice isn't always 'just'. You may sit in a Texas prison until the Gov goes thru the process & gets around to issuing you a pardon for something that the lead homicide detective of a major Texas city found to be a justified use of force, but local & national politics took precedent over prosecutorial discretion in revealing all of the investigation to the Grand Jury...
https://www.kxan.com/news/local/austin- ... iel-perry/

Does it matter where you are? For example, on the street vs inside your home?

  For the justifications under Chapter 9, there are more allowances for use of force / deadly force when you are in your home, vehicle, or place of employment.  But generally, no, it doesn't matter.  It's the question of 'is your use of force allowed by law, or not?'

Again, I'm not a lawyer.  I'm open to being corrected if there's anything I'm missing here, or other factors to consider.

ETA: And I don't put much stock into arguments that "if you render aid, the prosecutor will use that as evidence that you likely weren't that threatened in the first place", or if you don't render aid but had the skills & ability to do so that the prosecutor will use that against you. Of course the prosecutor will use either one against you; their goal is a conviction, & any emotional angle they can sway the jury with will be on the table for them. Same thing goes for civil trails, but there the standard is only proof by a preponderance of the evidence (ie, 51% more likely than not that you're liable).

[The Annoyed Man]

I might toss him a TQ and and say "Here, <deleted>strangle yourself</deleted> put this on and make it really tight until the ambulance gets here." MAYBE. If I thought someone was dangerous and violent enough to need shooting, I’m not getting anywhere near him. I think that if you call 911 and ask them to send police and an ambulance, you’ve met the entirety of your legal AND moral obligations to the person who needed shooting.

[C-dub]

I wouldn't want to take a job away from an EMT.

[NewGunGuy3]

Thanks to all for your insights and answers.