The Emt Is Legally Obligated

New York law protects paramedics from liability for the poor results of good faith efforts to help those in need. However, neglect of duty or neglect of protocols may result in legal liability of an EMT for injury or death. Common examples of neglect of duties include: In some states, patient confidentiality is enforced in these cases, and even if documents are required by law, they can still remain in custody and not be disclosed. The story got worse. A year earlier, the girl had been diagnosed with lung cancer. He had metastasized to his brain and the hospital suspended chemotherapy after a doctor declared his condition incurable. Since the girl was still a minor and therefore too young to legally accept or refuse care, a lawyer from the state social welfare agency had approached the court to clarify her resuscitation status. However, Texas does not have a specific law requiring paramedics to act. Most states do not. Those who enforce the legal obligations to act have relatively new laws.

Vermont, for example, recently passed a law requiring others to provide appropriate assistance to a person exposed to serious physical harm, provided that the person can do so without danger or danger to themselves and without interfering with the important duties of others. There is no such legislation in Texas. Instead, the state deals with the alleged duty to act in individual cases. When on the clock, New York City Emergency Medical Technicians (EMTs) have a „duty to act,” meaning they are required by law to care for consenting people who need it. However, like most states, New York does not have a similar law or policy for those who are not in service. During a medical or traumatic situation, paramedics are not expected to behave differently from other off-duty witnesses. Although the public may have conflicting expectations as to how a paramedic should respond outside of working hours. In other states, only HIPAA is enforced, and therefore this information can be used in cases such as education or legally, if an attack on a minor is suspected, or in relation to public health, such as in the case of a possible pandemic. The judge who inherited the case met with the girl privately. For more than an hour, he asked questions about life, illness, medical intervention and death.

During this conversation, the girl stated that she did not want to be resuscitated in case of respiratory or cardiac arrest. Despite her young age, the judge felt that she was mature, I often think of this girl. I present this case when I teach paramedics. When asked what they would do in the same situation, they always say they would revive her. If I were faced with the same decisions again, I would. Consent can pose an ethical dilemma in the case of minors, as they cannot technically consent or refuse custody, meaning that only their parents or someone in the scene who is „responsible” for the minor, such as a teacher, can give or refuse them. This means that in some cases, when it may be a matter of life and death, parents or guardians refuse vital care, the ethical duty of the EMT would be to save the minor`s life, but could have legal consequences later. In these cases, the right course of action would be communication and persuasion, supported by information about risks and benefits, if this fails, it must be documented that it was the parents` decision and not the waiver.

Then she stopped breathing. A few paramedics had been sent to call us. One of them grabbed a bag valve mask. He said, „You want me to broadcast them, don`t you?” In all cases, paramedics must know what is legal and act within the law to protect themselves and the patient. An EMT professional must essentially work morally, ethically and in accordance with the law, now it is not always so easy and, in some cases, discrepancies between ethical behavior and federal law can arise. Let us put that in plain language. When you are on the lookout and paid for your service, you have a duty to respond to emergencies and provide appropriate relief and care. The rescue and care you provide must match your training. It must also be reasonable and within your area of practice. In addition, paramedics must comply with the „Flag Down Rule,” which states that uniformed (on duty) paramedics must treat a person in distress when asked to do so, and must also notify dispatch.

She did not regain consciousness, but her heart continued to beat and she stayed alive as she had requested. This must be taken into account, because in any case it is necessary to respect the wishes of the patient. This means knowing if he is a DNR, if he has a permanent power of attorney, if there is a living will, etc. This is confusing in some cases where the family`s wishes do not match those of the patient, they may be on the scene and ask the EMT to do something to save the patient, but the latter is DNR. Also, how ethical is it not to act if the patient is DNR, can this be considered assisted suicide in dome cases where the patient may be suicidal? The disclosure of information may be random, for example, when two patients are transported in the same ambulance due to the absence of a vehicle.