Two Types of Negligence ✔✔- Simple negligence - negligent conduct that was not purposeful
or due to "malicious intent"
- Gross negligence - a negligent action that was undertaken with malicious intent and
with willful disregard for the safety of persons and/or property
Standard of Care and Establishing it ✔✔The court generally uses four measures of conduct
to determine the local "standard of care". These four measures are:
1. The EMD's behavior and conduct is judged in comparison to others with similar training and
experience
2. The EMD's behavior and conduct is judged in comparison to locally approved protocols
and guidelines
3. The EMD's behavior and conduct is judged in comparison to local or state statutes, local
ordinances, case law or administrative orders that address the standard of care
4) The EMD's behavior and conduct is judged in comparison to professional standards published
by organizations involved in the development of emergency medical service standards such as
the National Academy of Emergency Medical Service Physicians (NAEMSP) and the American
Society for Testing and Materials (ASTM)
,Abandonment ✔✔Leaving a patient after care has been initiated and before the patient
has been transferred to someone with equal or greater medical training.
Foreseeability ✔✔You must solely rely on the information you get from callers (you
can't actually see what is happening at the scene)
Detrimental Reliance ✔✔A person expects that a certain action will be taken based on the fact
that it has been reported in the media ("it was done before for other people"), public
education or through simple reasonable expectation. If this action does not occur then the
person can claim that they "relied" on the system to act in a certain way, and by doing so it
ended up hurting them.
Consent ✔✔Refers to permission to treat the sick or injured
Two Types of Consent ✔✔- Implied consent - refers to situations where if patients are
unconscious and can't respond, it is safe for us to assume that they would want to be helped
- Actual Consent is direct verbal or non-verbal communication to someone giving aid.
Immunity ✔✔- Bystander immunity
- Good Samaritan Law
- Not getting paid, acting in good faith, and not participating in negligence
- Governmental immunity
, - Covered if you work for the state, municipal, or local agency
- Not covered for third party
Patient Confidentiality ✔✔Issues in confidentiality:
You are expected to maintain confidentiality. Patients have the right to expect that any
information they give you will be kept confidential. In terms of confidentiality, you:
1. can't relate information about patient names
2. can't talk about what the patient said
3. can't talk about unusual behaviors that are not related to the medical condition
unless danger exists (to responders)
4. can't talk about aspects of a patient's lifestyle.
Only information that is relevant to determine the proper medical response, related to
scene safety, patient complaint and condition can be relayed .
Avoiding Liability ✔✔In an effort to avoid liability, it must be approached at two levels- agency
and individual. Remember, avoiding liability means being able to avoid being found liable in a
court of law .
- Agency Methods
Agencies can use the following methods in an effort to avoid liability. Look for these types
of policies/procedures in your agency:
1. Existence of well-defined screening/hiring procedures, used in an effort to select the
best candidates for EMD
2. Use of a well-organized, written orientation and training program for new employees
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