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Regulations and ethical considerations
define the “scope” or limits of an EMTs job which may include skills and medical interventions
Standards of Care:
What would be expected from an EMT with similar training when caring for a patient in a similar situation
Consent
Everything done with a patient must have consent behind it.
Always explain the risks and the rewards to a treatment.
Quality improvement:
accepting suggestions from others to improve your skills, communication, and patient outcome
Expressed Consent:
Consent given by legal adults who are mentally stable
Expression consent must be informed consent, patients must accept the potential risks
Implied consent
assumed consent (used with unconscious patients, children, and mentally impaired adults)
Consent to treat minors/mentally impaired adults.
Minors and mentally impaired adults may not refuse consent unless:
Enlisted 17 year-olds
Pregnant minors
Involuntary transportation:
taking a patient under your care while they are conscious and do not consent is imprisonment
If they are criminals: you need an emergency custody order with law enforcement
Restraining patients
last resort, you may only use soft restraints
Never restrain a patient face down—you cannot manage their airway
Restrained patients need their vitals checked every 5 minutes
Handcuffed patients
law enforcement must ride with them
They will need to uncuff the patient if an emergency takes place
Eligibility to refuse care:
Must be legally applicable + sign a release form “releasing” EMS workers of any liability
Steps to Persuading Care:
effective communication and reasoning
give them another POV
Inform the patient of consequences
Consult medical direction
attempt to persuade the family
contacting law enforcement for forced transportation
Have patient sign a refusal form
EMS Battery/assult
Forcefully transporting a mentally stable patient is assault and may count as battery as well.
Refusals
Document all refusals, why they refused, and your attempt to help change their mind
You need the patient to sign a form agreeing they refused consent along with an additional witness.
Do not resuscitate order (DNR)
legal documents signed by the patient and their physician stating they have a terminal illness and do not wish for resurrection.
Physician Order for Life-Sustaining Treatment (POLST):
Includes a DNR and the patients consent towards life sustaining treatments.
Negligence
Must prove you have a duty to act and failed to provide said duty.
Torts
Civil lawsuits held against EMTs
Res ipsa loquitur
“the thing speaks for itself” concept used in tort law
allows a finding in negligence even when there is no specific evidence
Libel
when injurious information is written
Slander
when injurious information is verbally stated
Duty to act
An EMTs obligation to provide emergency care
Abandonment
Leaving a patient after care has been initiated without transfer to another medical specialist
Good Samaritan Law
Provides some legal protection to healthcare workers and citizens when giving emergency care
Confidentiality
Obligation not to reveal patient information to anyone except those involved in the care of patient or if the patient signs a release of confidentiality.
Medical Identification Device
Type a jewelry meant to inform health care workers of medical conditions the patient has in the event in which they are found unconscious.
Organ Donors
Someone who signed a legal document allowing their organs to be donated at death
Safe Haven Laws
Permits people to drop off infants and young children at first responder buildings
Crime Scenes
Begin care after police deem scene safe
Preserve evidence, report everything touched
Don't use the bathroom on scene
Work with police to find evidence, they may request a statement of observations and actions