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Medical Legal/ Ethics – II
Nov 9th, 2008 by RH-111
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11/9/2008

Ethics, the philosophy of right and wrong

Morality, defined by society, religion, personal conscience

Oath of Geneva, 1948

Code of ethics for EMTs – 1978

Always, what is best for my pt

Patient Autonomy

  • Right to direct own care
  • Decide end of life issues
  • Decide when care should be stopped

Advanced Directives

  • Living wills
  • Healthcare proxy
  • DNR
    • Vary from state to state
      • NY – once started, do not terminate care
    • Some states require bracelet

http://www.health.state.ny.us/nysdoh/ems/policy/99-10.htm

What procedures are and are not preformed if the patient presents a DNR?

  • Do not resuscitate (DNR) means, for the patient in cardiac or respiratory arrest, NO chest compressions, ventilation, defibrillation, endotracheal intubation, or medications.
  • If the patient is NOT in cardiac or respiratory arrest, full treatment for all injuries, pain, difficult or insufficient breathing, hemorrhage and/or other medical conditions must be provided.
  • Relief of choking caused by a foreign body is usually appropriate, although if breathing has stopped, ventilation should not be assisted.
  • CPR must be initiated if no Out of Hospital or facility DNR is presented. If a DNR order is presented after CPR has been started, stop CPR.
  • For unusual situations or questions on individual patient circumstances, contact medical control.

Medics always accountable to;

  • Patients
  • Medical Director
  • EMS system

Meet expectations of the community

Medical Ethics
Nov 4th, 2008 by RH-111
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11/2/08
Medical Ethics

Civil law – tort – jury of 6 – 5/6
Criminal law – 12/12 jury –grand jury 16//-23 , probable cause
Legislative law
Administrative law (OSHA)
 
Common law/case law
 
 
Stare decisis – past judgments for future cases
Statutory law – law on books
 
Tort law, laws f negligence
Omission
Commission
 
Negligence
Ordinary – oops
Gross –
 
Malfeasance – improper act
Misfeasance – appropriate act but doing it wrong
Nonfeasance – not doing
Comparative negligence – fault of victim and provider
Notice –
 
Reasonable and prudent man concept
Prima facia
 
Malpractice
Duty to act
Reasonably trained
Proximate cause – directly caused the injury/illness
 
Assault – threat
Battery – actual contact
 
Defamation – untrue statements about character
· Libel – written or mass media (malicious intent)
· Slander – spoken (malicious intent)
 
Ethical responsibilities
· Respond to pt needs w respect
· Maint of skills
· Cmes
· Report honestly/confidentially
· Respect for peers
 
Best protection; appropriate assessment and documentation
 
Scope of practice
· Range of duties and skills
· Usually set by state law

Medical direction
 
Medical practice act
 
Mandatory reporting
· Child/elder abuse
· Sexual assault
· Animal bites
· Gunshot/stab
· Communicable diseases
 
Good Samaritan law
· Layperson/bystander
 
Negligence
· Duty to act (may be undertaken voluntarily)
· Breach of duty – not doing what similarly trained would do
Malfeasance – improper act
Misfeasance – appropriate act but doing it wrong
Nonfeasance – not doing
Res ipsa loquiter – injury could have only happened through negligence
· Injury
· Proximate cause
 
 
Borrowed servant – bls supervised by als – depends on degree of supervision and control

Protection against negligence
· Appropriate education
· Appropriate med direction
· Accurate documentation
· Professional attitude

Release of information
· HIPAA

Consent
· Informed consent –legal age – properly informed
· Expressed consent
· Implied consent
· Involuntary

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