legal concerns of the patient care report ems

by Earnestine Lockman 6 min read

EMS Legal and Ethical Issues - StatPearls - NCBI Bookshelf

30 hours ago  · Most consent during emergency medical services is express consent, however with the variability of pre-hospital medicine (location, safety, level of provider). Verbal or definitive consent is not always able to be obtained prior to treatment. In these cases, the EMS provider can treat the patient based on implied consent. >> Go To The Portal


The primary purpose of the Patient Care Report (PCR) is to document all care and pertinent patient information as well as serving as a data collection tool. Article 30, section 3053 of the Public Health Law requires all certified EMS agencies

Emergency medical services

Emergency medical services, also known as ambulance services or paramedic services, are emergency services which treat illnesses and injuries that require an urgent medical response, providing out-of-hospital treatment and transport to definitive care. They may also be known as a fi…

to submit PCR/ePCRs to the Department.

Full Answer

What is the EMS legal issues topic?

The legal issues topic contains news and information about legal issues affecting EMS personnel, agencies or departments. Find the latest news from personnel misconduct, to disciplinary and harassment cases, to malpractice lawsuits, as well as advice to prevent legal action with EMS training, documentation and management.

What is a patient care report?

A patient care report is a document written by medical professionals to report about the patient’s wellbeing, care and status. This document consists of the result of the assessment and the evaluation of the patient being done by the EMTs or the EMS.

What are the rights of a patient in an emergency room?

Patient Consent: The conscious, mentally competent adult has the right to accept or refuse emergency medical care. Thus, always make sure that the patient consents before beginning emergency care. There are three types of consents: expressed, implied, and that which deals with a minor.

Who can write reports in healthcare?

A lot of people believe that only nurses or health care workers can write reports. Most specifically patient care reports or anything that may be related to an incident report that often happens in hospitals or in some health care facilities.

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What is a patient care report in EMS?

The primary purpose of the Patient Care Report (PCR) is to document all care and pertinent patient information as well as serving as a data collection tool. The documentation included on the PCR provides vital information, which is necessary for continued care at the hospital.

What are the three ethical principles that EMS providers should follow?

The EMS profession may choose to adopt the principles of medical ethics--autonomy, beneficence, nonmaleficence and justice--but it is important for the profession to weigh whether a different set of principles may be more appropriate.

What is negligence in EMS?

This refers to the failure to meet the legal duty a paramedic owes to a patient. It involves a lack of care or diligence necessary when administering emergency care to a patient, and it may make a paramedic liable for damages, injury and even wrongful death.

What is the EMS standard of care?

Standard of Care: Defined as the level of care at which the average, prudent provider in a given community would practice. Medical Direction: EMTs must follow medical direction at all times.

What legal issues are paramedics accountable for?

These ethical and legal responsibilities are largely concerned with matters of duty of care towards patients and the public, negligence in treatment and practice, a patient's consent to treatment and procedures, and confidentiality of a patient's personal and medical information.

What are the legal responsibilities of a paramedic?

Paramedics frequently have to balance patient confidentiality and patient safety. Patient information is subject to legal, ethical and professional obligations of confidentiality and should not be disclosed to a third party for reasons other than healthcare, without consent.

What is the legal obligation of EMS providers?

The law only codifies what we all learned in school: EMS providers have a duty to respond, a duty to act, a duty to perform a thorough assessment, a duty to appropriately treat the findings of that assessment, and to transport where necessary.

What are the 4 types of negligence?

Different Types of Negligence. While seemingly straightforward, the concept of negligence itself can also be broken down into four types of negligence: gross negligence, comparative negligence, contributory negligence, and vicarious negligence or vicarious liability.

What are the 5 elements of negligence?

Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm.

What is the name of the legal concept that may protect the EMT?

The law that prohibits patients from suing EMS providers years after the run is​ called: statute of limitations. An EMT that provides care that falls below the standard of care could result in charges​ of: negligence.

What must all EMS providers follow?

What must all EMS providers follow? Their state's scope of practice. What does the National EMS Scope of Practice Model do? define the competencies for each EMS provider level and elaborate on the knowledge and skills within each competency.

Who is accountable for the activities of EMS personnel within the EMS system?

The EMT possesses the knowledge and skills to provide basic emergency care. 3. Upon arrival at the scene, the EMT, together with any other EMTs who have responded, assumes responsibility for the assessment, care, package, and transport of the patient.

What are ethics in EMS?

Code of Ethics for EMS Practitioners To conserve life, alleviate suffering, promote health, do no harm, and encourage the quality and equal availability of emergency medical care.

What should guide ethical decisions in EMS?

Informed Consent It is therefore the ethical obligation of EMS providers to present a full and accurate picture to our patients of the risks and benefits of their self-determined health care decisions.

What are the 7 principles of healthcare ethics?

What are the 7 principles of medical ethics? This approach – focusing on the application of seven mid-level principles to cases ( non-maleficence, beneficence, health maximisation, efficiency, respect for autonomy, justice, proportionality ) – is presented in this paper.

What are the code of ethics?

A code of ethics is a set of principles and rules used by individuals and organizations to govern their decision-making process, as well as to distinguish right from wrong. They provide a general idea of the ethical standards of a business or organization.

What would happen if the ambulance crews had taken the time to understand their patient's presentation?

Many times if crews had taken the time to understand their patient’s presentation, and documented those findings, the ambulance service would have far less problems verifying and supporting the care they provided when seeking reimbursement.

What is the most frustrating scenario for EMS agencies?

One of the most frustrating scenarios for EMS agencies is the denial of coverage for ambulance transport for far too many patients.

What must the PCR narrative state?

For every transport, whether emergency or non-emergency, the PCR narrative must state the facts accurately, objectively and completely so that the reader can answer the question: Was transport of this patient by means other an ambulance contraindicated?

Why do we put pain on PCR?

The word "pain" on a PCR is a trigger to remind the EMS provider to fully describe and document that pain.

What is missing from the EPCR?

Many times when an ambulance responds to a 911 call, that simple fact is missing from the ePCR. And in way too many chart reviews or audits, we find no dispatch determinants or other clear indication of the patient’s reported condition at the time of dispatch.

What is an inadequately described or quantified complaint or finding?

The most common example of an inadequately described or quantified complaint or finding is with regard to a patient's pain. EMTs and paramedics should always describe a finding or complaint of pain by documenting completely the Onset, Provocation, Quality, Radiation, Severity and Time ( OPQRST ), as well as the patient's pain rating on a scale of zero to 10.

When was dispatch information critical?

Dispatch information, including the patient's reported condition at the time of dispatch, has been a critical component of good quality patient care documentation since 2002. How is it that so many organizations still don’t have this critical piece of their patient care clearly and consistently documented on the PCR so many years later?

What is liability risk for EMS?

Liability Risks and Protections for EMS Providers assesses the liability risks for EMS providers during medical surges as well as corresponding liability protections available through emergency declarations and other legal sources.

What is Crisis Standards of Care?

Crisis Standards of Care: A Systems Framework for Catastrophic Disaster Response

Is FICEMS an expanded role?

While FICEMS and IOM identify critical, expanded roles for EMS in disaster response, neither provides specific guidance for states and communities on how to plan for or implement these expanded EMS roles. To address this void, CDC-HPA, the Department of Transportation , National Highway Traffic Safety Administration (NHTSA), and ORAU/ORISE commenced a collaborative effort on EMS surge preparedness in November 2012. In August 2013, a stakeholder meeting was convened to better define EMS surge roles and develop guidance for state and community planning entities to coordinate EMS system capacity in PHEs .

Is the report's breadth extensive?

The report's breadth is extensive, but its scope has some limits .

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What is the consent of an EMT?

Patient Consent: The conscious, mentally competent adult has the right to accept or refuse emergency medical care. Thus, always make sure that the patient consents before beginning emergency care. There are three types of consents: expressed, implied, and that which deals with a minor. Expressed consent is made by conscious, mentally competent adults. Implied consent is automatically assumed if a patient is unresponsive or unable to make a rational decision (e.g. altered mental status). To treat a minor, an EMT must obtain the consent of the parent or guardian. If the parent or guardian is unreachable, then implied consent is assumed.

What happens if an EMT stops helping?

However, if the EMT does stop to help, then he or she is required by law to continue helping the patient until care is transferred to someone with the appropriate expertise, such as a paramedic or a doctor. Scope of Practice: Defines what an EMT with the appropriate licensure can and cannot do by law.

What to do when patient refuses treatment?

Patient Refusal or Withdrawal of Treatment: Always ask the patient to fill out sign a refusal form, including documentation of what was told to the patient and his or her response. However, before this, the EMT should have persuaded the patient to receive care and then made certain that the patient is indeed mentally competent and capable of making rational decisions. When in doubt, ask for medical direction.

What is scope of practice in EMT?

Scope of Practice: Defines what an EMT with the appropriate licensure can and cannot do by law. It is illegal to perform operations outside your scope of practice. Standard of Care: Defined as the level of care at which the average, prudent provider in a given community would practice.

What is a medical identification tag?

Medical Identification Tag: Look for these during patient assessment as they provide information on any medical conditions the patient may have, including allergies, asthma, diabetes, or epilepsy.

How to be an EMT?

Treat all coworkers and health care workers with dignity and respect. Maintain knowledge and skill competencies as an EMT. Exercise honesty and integrity when documenting.

Can an EMT be sued?

An EMT is unlikely to be sued successfully if there is documentation proving that he or she meets the duty to act, practice within the scope of practice, at a level the same as or above the standard of care.

Paper Patient Care Report (PCR)

Here is an example of two versions of print out, paper PCR you can download and use in your service.

Electronic Patient Care Report (ePCR)

The state of Alaska provids a free ePCR (Electronic Patient Care Report) system allowing communities to customize their run report forms to match their specific community needs.

What Is a Patient Care Report?

We often hear of care reports based on by medical teams or by medical authorities. Yet, we are not sure how this differs from the kind of report that is given to us by the same people. So this is the time to make it as clear as possible.

How to Write a Patient Care Report?

Where do you even begin when you write a patient care report? A lot of EMS or EMTs do know how to write one since they are trained to do so.

What is a patient care report?

A patient care report is a document made mostly by the EMS or EMTs. This documented report is done after getting the call. This consists of the information necessary for the assessment and evaluation of a patient’s care.

What should not be written in a patient care report?

What should be avoided in a patient care report is making up the information that is not true to the patient. This is why you have to be very careful and very meticulous when writing these kinds of reports. Every detail counts.

Who is in charge of reading the patient care report?

The person or the people who will be reading the report are mostly medical authorities. When you are going to be passing this kind of report, make sure that you have all the information correctly. One wrong information can cause a lot of issues and problems.

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Facts Surrounding The Dispatch Undocumented

Insufficient Narrative of The Patient’S Condition at The Time of Transport

Vague Explanation of Specific Interventions and Procedures Performed

  • Too many times we find nothing more than "per protocol" to explain why a cardiac monitorwas applied, an IV was initiated or some other procedure was performed. Just like the ambulance service must be medically necessary to be reimbursed by Medicare and other payers, the treatments provided must also be medically necessary. Interventions and procedures should be …
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No Explanation For Ems-Specific Care and Treatment

  • This is important with regard to two areas. First, is clearly explaining the transport itself and the service or care the patient required during the transport that could not be provided other than by trained medical professionals in an ambulance. Second, in the case of a patient being transported from one facility to another, what specific services does the patient require that are not availabl…
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Inadequate Description of Patient Complaints Or Findings

  • The most common example of an inadequately described or quantified complaint or finding is with regard to a patient's pain. EMTs and paramedics should always describe a finding or complaint of pain by documenting completely the Onset, Provocation, Quality, Radiation, Severity and Time (OPQRST), as well as the patient's pain rating on a scale of zer...
See more on ems1.com

Medical Issues

  1. Organ Donation: Only consider the patient for organ donation if there is signed, legal documentation. Treat organ donors the same way that you would treat all other patients. Communicate the possib...
  2. Medical Identification Tag: Look for these during patient assessment as they provide information on any medical conditions the patient may have, including allergies, asthma, diab…
  1. Organ Donation: Only consider the patient for organ donation if there is signed, legal documentation. Treat organ donors the same way that you would treat all other patients. Communicate the possib...
  2. Medical Identification Tag: Look for these during patient assessment as they provide information on any medical conditions the patient may have, including allergies, asthma, diabetes, or epilepsy.
  3. Death: When in doubt, always assume the patient is alive and begin resuscitation efforts. Signs of death include

Legal Protection

  • An EMT is unlikely to be sued successfully if there is documentation proving that he or she meets the duty to act, practice within the scope of practice, at a level the same as or above the standar...
See more on emt-training.org

Terms to Understand and Rules to Abide by

  1. Duty to Act: While on-duty, EMTs are required by law to care for a patient who requires and consents to it. Different states have different policies for off-duty EMTs, but most will not require an...
  2. Scope of Practice: Defines what an EMT with the appropriate licensure can and cannot do by law. It is illegal to perform operations outside your scope of practice.
  1. Duty to Act: While on-duty, EMTs are required by law to care for a patient who requires and consents to it. Different states have different policies for off-duty EMTs, but most will not require an...
  2. Scope of Practice: Defines what an EMT with the appropriate licensure can and cannot do by law. It is illegal to perform operations outside your scope of practice.
  3. Standard of Care: Defined as the level of care at which the average, prudent provider in a given community would practice.
  4. Medical Direction: EMTs must follow medical direction at all times. This includes off-line directions such as protocols approved by medical direction and on-line directions directly communicated by...

Offenses

  1. Tort: a wrongful act, injury, or damage. Negligence is an example of a tort.
  2. Intentional Tort: a tort that is committed knowingly. Examples include abandonment, assault, battery, false imprisonment, and defamation.
  3. Negligence: occurs when all four of the following conditions are met
  4. Abandonment: When an EMT begins treating a patient, but stops without transferring the car…
  1. Tort: a wrongful act, injury, or damage. Negligence is an example of a tort.
  2. Intentional Tort: a tort that is committed knowingly. Examples include abandonment, assault, battery, false imprisonment, and defamation.
  3. Negligence: occurs when all four of the following conditions are met
  4. Abandonment: When an EMT begins treating a patient, but stops without transferring the care to someone with appropriate expertise.

Ethical Responsibilities

  1. Treat all patients with dignity and respect without respect to factors such as race, gender or creed.
  2. Treat all coworkers and health care workers with dignity and respect.
  3. Maintain knowledge and skill competencies as an EMT.
  4. Exercise honesty and integrity when documenting.
See more on emt-training.org