8: Legal Principle in Emergency Care

Beneficence

Ethical Principle. Acting in the best interest of the patient, providing benefit and relief from suffering.

Non-maleficence

Ethical Principle. Avoiding harm to the patient, weighing benefits and risks of interventions.

Autonomy

Ethical Principle. Respecting the patient's right to make their own choices about their care, including the right to refuse treatment, even in an emergency.

Justice

Ethical Principle. Ensuring fair and equitable access to care, regardless of social or economic status.

Confidentiality

Ethical Principle. Protecting the privacy of patient information

Duty to Act

Legal Principle. Emergency medical personnel have a legal duty to provide care when they are present at an emergency scene.

Standard of Care

Legal Principle Emergency responders are expected to provide a level of care that a reasonably prudent person with similar training would provide in the same circumstances.

Scope of Practice

Legal Principle. Emergency responders are legally bound to act within their scope of training and licensure.

Good Samaritan Law

Legal Principle. These laws protect individuals who provide emergency care in good faith from liability for civil damages, but they may not apply to medical professionals.

Consent

• Legal term to give formal permission for something to happen

• Ex. Emergency Medical Responder must receive permission from patients before legally providing care

Expressed Consent

The permission that's clearly and unmistakably given. It can be given orally or in writing

Implied Consent

• Legal position assumes that unresponsive or incompetent adult patient would consent to receiving emergency care if he/she could.

• Law assumes parents would want care to be provided for their child.

• Use implied consent to provide care to a minor when a parent or guardian is not available.

Emancipated Minor

• Legally allowed to make their own decisions regarding medical care.

  - Married

  - Pregnant

  - Parent

  - Member of armed forces

  - Financially independent; living away from home

Refusal of Care

• Alert and competent adults have the right to refuse care.

• Restraining or threatening to restrain patient against his/her wishes could result in violation of criminal law.

• Parent/legal guardian can refuse to let you care for a child.

• “Do not resuscitate” tag