View Single Post
Old September 10, 2009, 03:30 PM   #39
divemedic
Senior Member
 
Join Date: August 12, 2006
Posts: 1,310
Actually, that is a common misconception. The law states (in every state) that you have the right to refuse care if (and only if) you are mentally competent to understand the refusal and the consequences that follow. There are many situations where a patient is not capable of an "informed refusal," these include:

1 Intoxication (drug or alcohol)
2 The patient is a minor (and no competent legal guardian or parent is available to give or refuse consent)
3 Head injuries
4 suicidal ideation
5 hypoglycemia
6 any other situation or condition which affects you ability to understand the medical ramifications of refusing care

Generally, Law Enforcement only makes the decision in suicide cases. A patient who lacks capacity to make or understand health care decisions cannot give consent or refuse, and the courts (again in every state of which I am aware) not only allow, but require the paramedic to decide in favor of caring for the patient. This is referred to as "implied consent" and is put in place to protect the rights of the patient.

This is an area of law that has long been debated and litigated. I have known many a medic to get in trouble for under treatment, but I have not yet met a medic who got in hot water for overtreatment.

Example: You are involved in a fall. You are angry and combative that the ambulance was called, and wish to refuse treatment. The Paramedic who arrives determines that you have altered mental status due to alcohol, or a bump on the head, or some other mechanism, so under the law, he has the power to take you to the hospital, and may use reasonable force to do so. That can include chemical restraint, or even physical restraints.

This is nothing to be paranoid about. It isn't as if medics run around looking for reasons to take you to the hospital. This is the law in Tennessee as well as everywhere else. Although centered around doctors, you can read a short article on the subject here. The same general principle applies to paramedics engaged in the prehospital setting.
__________________
Caveat Emperor

Last edited by divemedic; September 10, 2009 at 03:47 PM.
divemedic is offline  
 
Page generated in 0.02584 seconds with 8 queries