LEGAL CONSIDERATIONS People have the basic right to decide what can or cannot be done to their bodies.
OBTAINING LEGAL CONSENT Before providing care, you must obtain the person’s permission. Permission is referred to as consent. Must be obtained either verbally or non verbally.
TO OBTAIN CONSENT The simplest way to obtain consent is to ask the victim if you can treat them. In your introduction you must: Identify yourself to the person (Give your name). Give your level of training. Ask the person if you can help. Explain what you observe (they most likely already know they are injured or ill but explain what is going on and that you are there to help). Explain what you are going to do (be honest with the patient)
TWO TYPES OF CONSENT
EXPRESSED CONSENT Expressed Consent is when a conscious, competent adult understands your questions and what you plan to do and gives you permission to give care.
EXPRESSED CONSENT Can be verbal, nonverbal or through gestures.
CONSENT OF A MINOR If the patient is a minor (a child or infant), consent must come from the parent or guardian.
IMPLIED CONSENT Some adults may not be able to give expressed consent. This includes someone who is: Unconscious Unable to answer Confused Mentally impaired (including intoxication) Seriously injured/ill A minor that does not have a parent or guardian present In these cases, you would assume that the person would give consent if they could.
REFUSAL OF CARE If person refuses care and is competent, you must honor there wishes. Call 911 and monitor the person for changes in conditions.
ABANDONMENT Once you have started emergency care, you are legally obligated to continue that care until a person refuses care until advanced emergency care arrives. If you stop, you will be legally responsible for the abandonment of a person in need.
GOOD SAMARITAN LAW Laws that give legal protection from claims of negligence. As long as the responder uses common sense and a reasonable level of skill (does not exceed the scope of the individual’s training)