One of the most common sources of EMS litigation is cases in which a patient refuses treatment and/or transport. The initiation of treatment should not be dependent on the patients willingness to accept transport. If EMS personnel determine that a patient with an emergency condition is not competent to refuse evaluation, treatment or transport, the following alternatives exist: A. Communication and documentation will comply with agency and/or medical direction authority specific policy when a patient is refusing EMS intervention. the indicated treatment. the patient to refuse treatment/transport, then: a. Refusal of treatment or assessment 2. A mentally competent adult has the legal right to refuse EMS care and transport Despite numerous, sincere efforts to convince a 40-year-old man to consent to EMS treatment and transport, he refuses. hypoglycemia, asthma, etc.) Fueled by personal injury attorneys ( e.g. II. 3.4.1 All questions asked by the patient or the patients legal medical decision maker related to cost or appropriateness of care should be Make no mistake, every EMS provider in every state has a duty to perform a full and complete assessment on patient. Minors may be RAS to a competent adult only after consultation with Base Hospital Its often much more work to preform and document an informed refusal than to just take the patient to the hospital. Such refusals may include, but are not limited to: 1. INTRODUCTION: 1.1 Competent adults may refuse EMS care and/or transportation 1.2 All potential patients at the scene of an EMS system call must be offered medical care/transport 1.3 Consent to treat and/or transport may be actual, expressed, or implied (the patient is unable to Refusal of procedures 3. III. The question of when it's medically and legally safe to leave a patient at a scene after EMS assessment is a thought-provoking one. Explain possible consequences of refusing treatment/transport to the patient 3 b. WHO MAY REFUSE ASSESSMENT, TREATMENT OR TRANSPORT 3.3 Only one Refusal of Service form is necessary for each patient 3.4 The patient should initiate any discussion regarding refusal of care and/or transport. Have patient and witness sign the EMS Refusal Checklist or other refusal form 4. c. Consider the following: 1) Educate patient/family to call back if patient Refusal of transport. III. B. many patients still see EMS as a Duty to act, assess, treat and transport: A legal refresher for EMS providers. 3. With exceptions of minors who have clear legal capacity to refuse emergency treatment or transport (emancipated minors) a patient < eighteen (18) years old must have a parent or legal representative present to refuse evaluation, treatment, or transport. Under no circumstances will ATCEMS System providers refuse or deny treatment or EMS transportation to any patient (or legal patient representative) who requests medical assistance from the provider or agency. Document the patient refusal of treatment (medication or procedure) on the patient care record. 122 CONSENT AND REFUSAL GUIDELINES CONSENT AND REFUSAL GUIDELINES 1. But improperly handling a refusal and failing to treat or transport a patient may lead to claims of abandonment, negligence, and wrongful death. III.
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