Lesson 3- Legal Considerations

what are the three important aspects of legal considerations

1. need to be aware of the basics

2. varies from state to state

3. negligence suits are on the rise

what are the 11 important vocab words for legal considerations

1. liability

2. negligence

3. duty to care

4. scope of practice

5. standard of care

6. good Samaritan laws

7. consent

8. refusal of care

9. abandonment

10. confidentiality

11. documentation

liability

• legally responsible for harm

• understand legal limitations

• reduce the risk

  • you must do what you should

  • don’t do what you shouldn’t

  • do what you do well

scope of practice

• profession and state dictated

• ARC certification

  • CPR/AED; adult, child, infant

  • conscious/ unconscious choking; adult, child, infant

  • rescue breathing; adult, child, infant

• you can ONLY do what you are certified in and nothing more

• only practice where you are licensed WHEN/WHERE you are allowed, it is your job to know

right to practice

does not need to practice under a supervising physician

standard of care

• minimum level of care

• program, national, and state authorities

  • communicate proper info to prevent injury

  • recognize victim in need

  • attempt to rescue

  • provide emergency care

• two people with the same credentials would do the same thing in the same situation

negligence

• you do something or don’t do something that someone with your same training would/wouldn’t do

• duty of care

  • legal responsibility

  • if you are off duty you no longer have a duty to care and are a lay responder

• the standard of resonable care

  • scope of practice (did something you weren’t supposed to)

  • fell short (didn’t do something you were supposed to)

  • prevent further injury

• damages

what are the three torts

1. nonfeasance

2. malfeasance

3. misfeasance

An individual can be held liable in all of these instances

nonfeasance

• act of omission

• fails to perform/do what you are supposed to do

malfeasance

• act of commission

• you do something that you were not supposed to do

misfeasance

• Incorrect

• you do what you are supposed to do, but badly

what is the good samaritan law

protects someone with no duty to care for someone when they do care for someone when they act in good faith, are not negligent, act within the scope of training, and do not expect anything in return

who do you have to obtain consent and how do you do it

for a conscious adult or the parent od a minor

• state name

• level of training

• ask permission to help

• explain suspected condition explain plan of care

if they are unconscious or a parent is not around consent is implied

what do you do if someone refuses care

• call EMS and document

• inform the victim of why they need care and what may happen if they don’t receive it

• always stay with them

• if they go unconscious consent is implied, begin to care for them

not listening to someones refusal of care may lead to battery charges

when is it okay to abandon a victim

• the scene becomes unsafe

• you are too tired to continue

• victim shows obvious signs of lifw

• more advanced/equally trained person arrives, care is transferred

who is the goverening agency over patient confidentially

HIPPA

what information does HIPPA protect

Anything that could individually identify the victim, like their name, address, or identifying features

when does HIPPA apply

• physical or mental healthcare

• providing healthcare

• payment for the providing of healthcare

why is documentation important

• helps medical professionals treat

• helps to create future preventative plans and protocols

• can protect you in case of a law suit

always ask hospitals or EMS what forms you should fill out