Emergency Medical Services: Legal, Ethical, and Operational Aspects of Patient Care
Presentation Guidelines
- Quiz Creation: Quizzes are required based on presentation content.
- Reference Slide: Include a slide listing all sources.
- Evaluation: Classmates provide feedback; instructor determines final grade.
Consent and Refusal of Care
- Right to Refuse Care: Conscious, alert, and capable patients can refuse any treatment, even life-saving, though it may not be in their best interest.
- Litigation: Refusal of care calls lead to frequent litigation; thorough documentation is vital.
- Implied Consent: Applies to unconscious or incapacitated patients, presuming they desire help (e.g., seizure patient, overdose patient revived then unconscious).
- Hospice Patients: If they refuse care, contact hospice for alternatives.
- Behavioral Crisis/Mentally Ill Patients: Can consent, but may be restrained for safety following local protocols.
- Minor Consent:
- Pregnancy-Related Care: Pregnant minors can consent for their pregnancy and child's care.
- Non-Pregnancy Related Care: Cannot consent for unrelated issues (e.g., broken arm).
- Emancipated/Married Minors: Have legal capacity to consent.
- School Officials/Teachers: Can act in place of parents in emergencies with pre-signed forms, often accompanying the patient.
- Forcible Restraint: Legally permissible for patient/crew safety, adhering to protocols, using physical or chemical methods, potentially involving law enforcement.
- Definition: Includes patient history, assessment, and treatment. Billing may need clarification.
- Social Media Policy: Exercise extreme caution; work-related posts can lead to termination.
- HIPAA: Health Insurance Portability and Accountability Act protects patient information. Consent forms (e.g., for transport) imply permission for information sharing.
Advanced Directives and Do Not Resuscitate (DNR) Orders
- Advanced Directive: Legal document specifying treatment preferences if patient is incapacitated.
- Do Not Resuscitate (DNR) Order: Specific advanced directive.
- Expiration: Must have a clear expiration date.
- Content Requirements: Patient's medical problem, patient/legal party signature, physician's signature.
- Scope: Valid regardless of medical emergency cause.
- Invalid Forms: Tattoos are not legally recognized. Pending signatures invalidate the DNR.
Death and Decomposition
- Decomposition Timeline: Signs of purification/decomposition appear approximately 40 to 96 hours post-death.
- Suspicious/Unknown Deaths: Young, healthy individuals (e.g., 18-year-old) require investigation.
- Reporting: Deaths from accidents must be reported.
Scope of Practice and Legal Considerations
- Scope of Practice: Acting outside defined scope can lead to criminal charges or lawsuits.
- Prohibited EMT Actions: No surgical procedures (e.g., C-section, limb removal, intubation).
- Paramedic Capabilities: Expanded scope (intubation, cricothyrotomy, more medications).
- Standards of Care: Local customs and law dictate expected EMS actions for safety (e.g., CPR certification).
- Duty to Act: Legal duty to provide care once dispatched and on duty.
- Legal Definitions:
- Assault: Threat of unlawful touching.
- Battery: Actual unlawful touching.
- Kidnapping: Confinement/transport by force against will (e.g., restraining combative psychiatric patient).
- Defamation: False information damaging reputation.
- Libel: Written defamation (e.g., false patient report).
- Good Samaritan Law: Protects rescuers acting in good faith, to the best of their ability, without expectation of payment. Doesn't apply if rescuer acts outside training scope.
- Reportable Incidents: Communicable diseases, felony-related injuries, drug-related injuries, childbirth, assaults, specific conditions like Trichosporon.
- Legal Proceedings: EMS may testify as a witness (requiring accurate reports) or as a defendant. Lawsuits often target multiple parties. Defenses include statute of limitations, governmental immunity, strict liability, and negligence.
Communication (Therapeutic and General)
- Therapeutic Communication: Effective patient interaction strategies.
- Introduction: Introduce self, use patient's preferred name.
- Demeanor: Maintain calm, confident presence.
- Emotional Intelligence: Understand/manage own emotions, respond appropriately to others.
- Communicating with Special Populations:
- Elderly Patients: Inquire about hearing aids, glasses, dentures; document handling.
- Deaf/Hard of Hearing Patients: Basic sign language, translation apps, new tech helpful.
- Visually Impaired Patients: Other senses heightened. Service animals assist.
- Hand-off/Handover: During transfers, confirm understanding and continuity with four key questions.
Documentation and Reports
- Importance: "If it's not written, it didn't happen." Every patient contact needs a thorough report.
- Refusal Documentation: Meticulous documentation legally protects EMS providers.
- Narrative Content: Include actions by other agencies (e.g., fire department Epi, Narcan, CPR duration), flight team info, patient diagnosis, vital signs, demographics (e.g., "39-year-old male, African American"), transport priority (emergent/non-emergent), and specific destination details (e.g., hospital room, receiving nurse).
- Correction of Errors: Electronic reports usually require supervisor contact for amendments.
- Health Information Exchange (HIE): Shares patient info between healthcare organizations.
Radio Operations
- Equipment: Ambulances have radios and specific communication devices for medical control.
- Medical Control (Med Control):
- Purpose: Physician consultation for medications outside standing protocols (e.g., ext4extth nitroglycerin, ext3extrd epinephrine).
- Closed-Loop Communication: Repeat orders for confirmation.
- Repeaters: Extend radio range by receiving low-frequency signals and retransmitting at higher frequencies.
- Cardiac Monitors: Transmit 12-lead ECGS directly to hospitals.
- Regulatory Body (FCC): The Federal Communications Commission regulates all radio operations (licensing, call signs, standards, transmitter limits, monitoring for compliance).
- Dispatcher (Emergency Medical Dispatcher):
- Functions: Receives 911 calls, dispatches units, tracks status, provides resources.
- Communication: Frequent status/location updates are crucial, especially if