MedicalLegal Aspects

1
Medical-Legal Aspects

• Legal issues are an important aspect of patient
  care for the EMT-I.

2
Prevention of Legal Problems

• Prevention of problems is the cardinal rule.
• Caring for patients as if each is a family
  member.
• Following state and local guidelines and
  protoc0ls concerning prehospital care, including
  appropriate use of off-line and on-line medical
  direction.

3
Legal Duties of an EMT-I

• Responding to the physical and emotional needs of
  every patient with respect.
• Maintaining mastery of skills.
• Participating in continuing education and
  refresher training.
• Critically reviewing performance and seeking
  improvement.

4
Legal Duties cont..

• Reporting honestly and respecting the
  confidentiality of both patients and co-workers.
• Working cooperatively and with respect for other
  emergency professionals.

5
THE FIVE BASIC LAWS

• Legislative law deals with laws enacted at the
  federal, state, or local levels by the
  legislative branches of government.
• Administrative law deals with regulations
  developed by a government agency.

6
5 Basic Laws cont.

• Common Law deals with laws that are judge made
  and based on individual legal cases.
• Criminal Law deals with laws that prohibit the
  performance of any act considered damaging to the
  public.
• Civil (tort) Law the area of law dealing with
  private complaints brought by a plaintiff against
  a defendant for an illegal act or wrongdoing
  (tort).

7
Components of Negligence

• Negligence is a medical liability

8
The Four Requirements of Negligence for an EMT-I

• The act or omission must have been within the
  EMT-Is duty to act.
• The act or omission must have been below the
  standard of care.
• An injury must have occurred to the patient
• The act or omission must have been the proximate
  (direct) cause of injury

9
Duties of an EMT-I

• Duty to act means that the EMT-I has an
  obligation to provide care.
• Duties
• Duty to respond and render care
• Duty to obey laws and regulations
• Duty to operate an emergency vehicle reasonably
  and prudently

10
Duties cont

• Duty to provide care and transportation to the
  expected standard.
• Duty to provide care and transportation
  consistent with the scope of practice and local
  medical protocols
• Duty to continue care and transportation through
  to its appropriate conclusion

11
Defenses against Negligence Charges

• Good Samaritan Law may provide immunity from
  prosecution or civil suit for people who render
  care at the scene of an emergency
• Governmental (civil) Immunity means that an EMS
  service may be protected from a charge of
  negligence because it is a designated government
  agency.

12
Defenses Against Negligence cont

• Statute of Limitations denotes a limited number
  of years following an incident during which a
  lawsuit may be filed.
• Contributory Negligence is a defense theory
  alleging that the plaintiff may have contributed
  to his or her own injuries.

13
The End
Done by Kristen McDilda