RMAs

[ny10570 745]

http://www.jems.com/news_and_articles/colu..._an_answer.html

"A 2008 Kansas Court of Appeals case again demonstrates that the courts will uphold a patient's refusal -- and provide immunity for EMS -- when EMS properly assesses a patient's decisional capacity and follows protocols for refusals."

"This case makes it clear that courts are willing to uphold patient refusals if certain criteria are met. EMS must assess and document the patient's decisional capacity and show that they have informed the patient of the potential harm that can result from refusing to be transported and treated. However, when EMS providers follow protocols and perform the appropriate assessment and treatment, the courts will rule in their favor. "

If someone wants to drag you into court, there's nothing you can do to prevent it. What you can do is make sure you do the right thing and document appropriately.

An earlier thread...

http://www.emtbravo.net/index.php?showtopic=26342

[x635 4,066]

Great article. Good reminder to always document, document, document on RMA's and get witnesses if possible, and have a solid RMA and QA/QI process in your department.

[Guest alsfirefighter]

One of the highest percentage of lawsuits comes from RMA's and when doing QA/QI its also one that documentation often is lackluster. Document your physical exam like normal, add in that you asked and offerred to transport numerous times, get vitals! and I always put "patient advised if symptoms continue, change or worsen to seek nearest medical facility or to activate EMS via 911." I also often document that patient was explained potential complications and risks of current condition and that the patient verbally answered they understood. RMA's are the one place where I always tell new providers when teaching them or proctoring them to cover their a**.

[x635 4,066]

Also, I forget.....one of the best resources is to get medical control on the line and let them speak with the patient!

[MerlinMedic 5]

I hope the Court makes the family pay all the bills on this one. When you read the article it becomes clear that the patient died from a pneumonia, as the death certificate states, not any treatment or lack of treatment by EMS. The family was trying this as a Civil Rights case! What Rights were denied, abused or anything? EMS was abused by this one. :angry:

[Guest paramedico987]

What kind of poppycock is that?! How, in all of creation, could EMS responders who DID NOT TRANSPORT a patient be responsible for a nosocomial pneumonia?

Uggggh... this type of frivolous litigation is precisely why that patient had a "$700 headache" the last time she was hospitalized and therefore saw financial repercussions as reason enough to avoid medical attention.

It's unthinkable, from my knowledge base, education, and experience, that any reasonable attorney would even entertain such a suit.

I would file a counter-claim for slanderous damages to the personnel involved and the EMS/Fire agencies, as well as the legal expenses of BOTH the defense and counterclaim.

Edited August 31, 2009 by paramedico987

[vtach39680 23]

What kind of poppycock is that?! How, in all of creation, could EMS responders who DID NOT TRANSPORT a patient be responsible for a nosocomial pneumonia?

Uggggh... this type of frivolous litigation is precisely why that patient had a "$700 headache" the last time she was hospitalized and therefore saw financial repercussions as reason enough to avoid medical attention.

It's unthinkable, from my knowledge base, education, and experience, that any reasonable attorney would even entertain such a suit.

I would file a counter-claim for slanderous damages to the personnel involved and the EMS/Fire agencies, as well as the legal expenses of BOTH the defense and counterclaim.

easy it is called Post hoc ergo propter hoc simply after this, therefore because (on account) of this" "Since that event followed this one. that event must have been caused by this one.