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Unit 3

Unit 3. Legal Responsibilities of the EMT. Overview. Knowledge of standard care Patient’s rights Collaborating with law enforcement Common allegations against an EMS Protection against lawsuits. Introduction. EMT has many legal responsibilities

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Unit 3

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  1. Unit 3 Legal Responsibilities of the EMT

  2. Overview • Knowledge of standard care • Patient’s rights • Collaborating with law enforcement • Common allegations against an EMS • Protection against lawsuits

  3. Introduction EMT has many legal responsibilities Legal duty to provide care in same manner as other EMTs EMT must be familiar with pertinent laws

  4. The Legal Responsibilities of an EMT • Medical protocols • Set of written regulations detailing proper procedure for caring for patient • Knowledge of standard of care • EMTs must act within specific guidelines • Legal duty to act • Failure to treat patient within standard of care may constitute patient abandonment

  5. The Legal Responsibilities of an EMT (cont’d.) • Patient’s bill of rights • Respect for patient’s rights • Patient information must not be disclosed without patient’s permission • Failure to maintain confidential patient information is breach of confidentiality

  6. The Legal Responsibilities of an EMT (cont’d.) • Health insurance portability and accountability act (HIPAA) • Allows insurance portability and continuity • Standardization of administrative and financial data exchange • Protection of privacy, confidentiality, and security of health care information

  7. The Legal Responsibilities of an EMT (cont’d.) • Obtaining patient consent • Types of consent • Informed consent • Express consent • Implied consent • Children and adolescents • In loco parentis: allowsadult sibling or close relative to give consent

  8. The Legal Responsibilities of an EMT (cont’d.) • Obtaining patient consent (cont’d.) • Prisoners, mentally disturbed persons, and consent • Emergency doctrine • Courts may authorize specific treatments • Preplanning can prevent legal problems later

  9. The Legal Responsibilities of an EMT (cont’d.) • Right to refuse care • AMA vs. RMA • A refusal of medical assistance (AMA) • Low priority or nonemergency situation • Refusal against medical advice (RMA) • Life threatening situation • Advance directives • Living will or do not resuscitate order (DNR) • Health care proxy

  10. The Legal Responsibilities of an EMT (cont’d.)

  11. The Legal Responsibilities of an EMT (cont’d.) • Documentation • EMT’s report will become part of patient’s medical record • Accuracy and completeness are essential • Initiating resuscitation • Absence of pulse and breathing requires start of CPR unless DNR order or unambiguous signs of death are present

  12. The Legal Responsibilities of an EMT (cont’d.)

  13. Collaborating with Law Enforcement • Challenges • Treating patient who may be participant in crime • Trying not to disturb evidence • Knowing when a scene is a crime scene • Patient care takes priority over evidence collection

  14. Collaborating with Law Enforcement (cont’d.) • Motor vehicle collisions • EMT should be evidence conscious • May be asked to testify • Consider as potential crime scene • Carefully document observations

  15. Collaborating with Law Enforcement (cont’d.) • Threat of violence on the scene • Personal safety is first priority • Never enter unsafe scene without police • Physical restraint of combative patients • EMT may use physical restraintto prevent harm to patient or others

  16. Reporting of Abuse • Child abuse • Special role in detecting and reporting child abuse • Mandated reporter • Domestic violence • Must be nonjudgmental and empathetic • Elder abuse and neglect • Social services referral system

  17. Common Allegations Against EMS • Ambulance collisions and liability • Operator responsible for damages or injuries incurred due to lack of due regard • Negligence • Malpractice is damage to patient • Tort law involves civil wrongs against another • Negligence is care given below standard

  18. Common Allegations Against EMS (cont’d.) • Four elements of negligence • Duty to act • Breach of duty to act • Causation of Injury • Damages

  19. Common Allegations Against EMS (cont’d.) • Patient abandonment • Duty to continue care until relieved • EMT can be held responsible for injuries resulting from abandonment • Assault and battery • Transport of patient without consent may result in charges of assault, battery, and false imprisonment

  20. Common Allegations Against EMS (cont’d.) • Breach of confidentiality • The emergency medical treatment and active labor act (EMTALA) • Part of Consolidated Omnibus Budget Reconciliation Act (COBRA) • Known as “antidumping” law • Protects patients whom hospitals might refuse to care for

  21. Protection Against Lawsuits • Good Samaritan laws • Encourages health care professionals to help others in public situations • Immunity statutes • Protects health care providers from paying damages for acts performed at work • Best practices • Follows protocols and use compassion

  22. Conclusion • Specific legal responsibilities vary from state to state • Advice of an attorney can be invaluable • EMTs must protect themselves from threat of legal action • Best protection is good patient care and conscientiousness

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