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The society in which we live has
long been a litigious one. It seems
one must be concerned with the ever
present potential for being sued.
This section will not only dispel
some myths about the first cider's
liability, but should provide you
sound footing on which to base your
legal and ethical decisions. |
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Emergency care is as much a
moral choice as a legal one |
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When taking on
the responsibility to provide care
for the ill or injured person, you
must obtain consent to treat. Actual
consent from a patient is a nod of
the head or a verbal statement. A
conscious patient who doesn't resist
care is also assumed to have given
consent. Implied consent is given if
the patient is unconscious or unable
to express their wishes. We assume a
patient would want help if they
could communicate. Obtaining consent
is often as simple as identifying
yourself, your level of training and
by asking, "May I help you?"
When a child or minor (under the age
of 18) is involved in an accident or
emergency, they should be treated
under implied consent. |
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They are not
considered old enough to refuse
treatment. However, if the parent
refuses treatment, you may not
provide care to the child. Whenever
possible, parental permission should
be obtained prior to treatment of
infants and children, but never
withhold life saving treatment from
a minor while trying to locate a
parent. |
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If, when you ask
for consent to treat, an alert,
adult patient refuses treatment, you
may not provide care for them. You
should still call 91 1 and stay
close in case they become
unconscious, their condition worsens
or they change their mind. Most
times, people who refuse care are
under the influence of drugs or
alcohol, but they may also refuse
due to ethical or religious beliefs.
Other factors such as head injury or
impaired judgment may cause a
patient to refuse treatment. Make
sure your own safety remains the
first priority. |
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Although you have
no obligation to provide first aid
care to anyone, once started, you
have a legal obligation to continue
providing care. Leaving a patient
once care has begun is considered
abandonment. You must continue
providing care until someone of
equal or higher training relieves
you. Transferring patient care to
EMS personnel relieves you of the
responsibility without abandoning
the patient. Negligence can occur
when the medical care you provide
deviates from the generally accepted
standards. As a result of this
deviation, further injury to the
patient may occur. To avoid this
situation, use the training and
skills you have been taught in this
course. These skills are considered
within the scope of practice for
first aid. Think how you would like
to be treated and treat others
accordingly. |
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While moral
obligations may exist for you to
help someone in need, a legal
obligation does not. Although some
employers may require a worker to
act as part of their job
description, the bystander has no
"duty to act." |
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Patient confidentiality is
an important consideration
while providing care. |
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When you are
providing care for a patient, you
may become privy to personal 8.
confidential information. This
information could be embarrassing to
the patient or the family if
revealed. It is crucial that you are
careful what information you
disclose and to whom you disclose
it. Providing the information to EMS
personnel is a must, but that is
where it should end. Also be aware
of a patient's right to privacy.
During an emergency, parts of the
patient's body may be exposed to
provide care. Try to cover the
patient when treatment is done or if
no treatment is necessary. |
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