As stated in the “law and ethics” section understanding the situations in which ethics and law come into conflict is vital, as well as understanding the possible consequences that may arise from these situations depending on the acts of the EMT.
Regarding consent
If there has not been any form of consent, EMT can be charged with battery, assault, sexual assault. In the case where the patient is restrained or transported against their will an EMT can be accused of false imprisonment or kidnapping. In the case where no care is provided or some care is given but then not continued, an EMT can face abandonment charges.
Regarding refusal
In the case of refusal of care or transport, this may arise sometimes due to a lack of information, which ultimately harms the patient. The patient may refuse transport due to the fear of an excessive bill, in these types of cases, the EMT must make sure the patient is alert and oriented, they have been informed of the risks of not receiving care and also they have been told to call back or seek further medical care if the problem persists or worsens. Finally, all of this must be documented to make sure there is proof that the EMT tried persuasion and failed and exercised due diligence.
In the case there is an identified civil tort, EMTs will face a lawsuit, these can be due to:
- Intentional act
- Abandonment
- Negligence
- Duty to act
- Breach of duty
- Proximate causation
- Damages to plaintiff
- Failure to report
The defenses for these charges usually include:
- Good Samaritan
- Governmental immunity
- Statute of limitations
- Contributory/comparative negligence