EMS And The Law

EMS And The Law

by American Academy of Orthopaedic Surgeons (AAOS), Jacob Hafter, Victoria Fedor
     
 

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ISBN-10: 0763720682

ISBN-13: 9780763720681

Pub. Date: 12/30/2003

Publisher: Jones & Bartlett Learning

EMS and the Law is a primer about the American legal system as is applies to EMS providers, offering a basic overview of laws and rights with a detailed description of how they effect EMS. Topics covered in the text include duty to partners and patients, ethical responsibilities, patient and provider rights, negligence, processes and procedures, and what to do if you

Overview

EMS and the Law is a primer about the American legal system as is applies to EMS providers, offering a basic overview of laws and rights with a detailed description of how they effect EMS. Topics covered in the text include duty to partners and patients, ethical responsibilities, patient and provider rights, negligence, processes and procedures, and what to do if you are named in a lawsuit.

Product Details

ISBN-13:
9780763720681
Publisher:
Jones & Bartlett Learning
Publication date:
12/30/2003
Edition description:
1E
Pages:
136
Product dimensions:
8.30(w) x 10.80(h) x 0.40(d)

Table of Contents

Chapter 1Mechanics of the Legal System1
Components of the American Legal System1
EMS and the Judicial System5
Entering the Judicial System5
Future Trends in EMS Litigation8
Conclusion10
Chapter 2Navigating Through a Lawsuit11
The Anatomy of a Lawsuit12
What to Do If You Are Named in a Lawsuit19
Conclusion21
Chapter 3Duties of the EMS Provider22
The ABCs of EMS22
Duty23
Conclusion28
Chapter 4Patient Rights30
Consent31
Disclosure of Information32
Obtaining Consent32
Refusing Care34
Do Not Resuscitate Orders34
Health Care Durable Power of Attorney and Living Wills35
Confidentiality36
Conclusion37
Chapter 5Medical Authority and Practice Acts39
Medical Practice Acts39
Licensure Versus Certification41
Scope of Practice41
Medical Control43
Dealing With Other Physicians on Scene43
Conclusion44
Chapter 6Good Samaritan Laws and Immunities46
History of Good Samaritan Laws47
Will a Court Really Uphold Immunity for an EMS Provider?50
Effects of Immunity51
The Future of Immunity51
Protecting Immunity and Reducing Liability52
Conclusion52
Chapter 7Negligence54
Elements of a Negligent Tort55
Burden of Proof56
Defenses57
Gross Negligence and Negligence Per Se57
Res Ipsa Loquitur58
Causes of Action Under a Negligence Theory58
Vicarious Liability59
Conclusion60
Chapter 8Intentional Torts62
Types of Intentional Torts62
Punitive Damages67
Conclusion67
Chapter 9Criminal Violations69
The Criminal System70
Types of Criminal Liability72
Implications of a Felony Offense73
Conclusion74
Chapter 10Due Process and Disciplinary Procedures76
EMS and Due Process77
What Is Due Process?78
How Does Due Process Work?78
Specific Due Process Provisions79
Problems with Due Process79
What Can You Do?81
Conclusion82
Chapter 11Documentation83
Basics of Documentation83
Benefits of Proper Documentation84
Consequences of Poor Documentation85
Rules of Documentation85
Dealing With Electronic Documentation Systems87
Conclusion88
Chapter 12Insurance89
Insurance and Risk89
Insurance as a Payer of Health Care90
Regulation of Insurance91
Insurance as a Protection93
Conclusion94
Chapter 13COBRA and EMTALA96
A Need For Action96
EMTALA Legislation97
Protecting Yourself102
Penalties for Violations104
Conclusion105
Chapter 14Public Service and Interagency Relationships107
Public Servant or Medical Provider?108
Reporting Requirements108
Working With Other Agencies110
Mutual Aid111
A Resource Allocation Checklist112
Establishing a Chain of Command112
Conclusion113
Glossary115
Index119

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