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EMS and the Law

Overview

No matter how well-trained or experienced an EMS provider is, legal issues are an ever-present concern. EMS and the Law is a primer about the American legal system as it applies to EMS providers, offering a basic overview of laws and rights with a detailed description of how they affect 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.

This book is part of the EMS Continuing Education Series. 

As an EMS provider, you know that your education does not stop when you finish your initial training. The things you learn in the field and in continuing education classes give you the extra skills and knowledge to make you the best provider you can be. The EMS Continuing Education Series was created to help you take that extra step toward not just being a great provider, but an outstanding one. ACLS for EMT-Basics, Intravenous Therapy for Prehospital Providers, Managing Stress in Emergency Medical Services, Sick Not Sick: A Guide to Rapid Patient Assessment, Spanish for EMS, and When Violence Erupts are also part of this series.

ShowKey Features

You Be the Judge:  A discussion of actual court cases told in a narrative style.

Legally Speaking - Legally Speaking boxes that provide quick definitions of common legal terms.

Legal Practices - Legal Practices provide students with a variety of legal tips.

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ShowTable of Contents

Chapter 1: Mechanics of the Legal System
Components of the Legal System
EMS and the Judiciary
Entering the Judicial System
Determination of Damages
Future Trends in EMS Litigation

Chapter 2:  Navigating through a Lawsuit
Case Study
The Anatomy of a Lawsuit
What to Do if You are Named in a Lawsuit

Chapter 3: Duties of the EMS Provider
Legal ABC's of EMS
Duty
Duty to Self
Duty to Partner
Duty to Equipment
Duty to Patient
Ethical Duties

Chapter 4: Patient Rights
Consent
Disclosure of Information
Obtaining Consent
Implied Consent
Refusing Care
Do Not Resuscitate Orders
Health Care Power of Attorney/Living Will
Confidentiality

Chapter 5: Medical Authority/Practice Acts
Medical Practice Acts
Independent Providers
Dependent Providers
Licensure vs. Certification
Scope of Practice
Medical Control
Dealing with Other Physicians On-Scene

Chapter 6: Good Samaritan Laws/Immunities
History of Good Samaritan Laws
Good Samaritan Statutes
Will a Court Really Uphold Immunity for an EMS Provider? 
Effects of Immunity
The Future of Immunity
Protecting Immunity and Reducing Liability

Chapter 7:  Negligence
Elements of a Negligent Tort
Burden of Proof
Defenses
Gross Negligence and Negligence Per Se
Res Ipsa Loquitor
Causes of Action Under a Negligence Theory
Vicarious Liability

Chapter 8:  Intentional Torts
Types of Intentional Torts
Putting It All Together
Punitive Damages

Chapter 9: Criminal Violations
The Criminal System
Types of Criminal Liability
Implications of a Felony Offense

Chapter 10: Due Process and Disciplinary Procedures
EMS and Due Process
What is Due Process?
How Does Due Process Work?
Specific Due Process Provisions
Problems with Due Process
What Can You Do?

Chapter 11: Documentation
Basics of Documentation
Benefits of Proper Documentation
Consequences of Poor Documentation
Rules of Documentation
Dealing with Electronic Documentation Systems

Chapter 12: Insurance
Insurance and Risk
Insurance as a Payor of Health Care
Regulation through Insurance
Insurance as a Protection

Chapter 13:  COBRA/EMTALA
A Need for Action
EMTALA Legislation
EMTALA and EMS: Case Studies
Protecting Yourself
Penalties for Violations
 
Chapter 14: Public Service and Interagency Relationships
EMS Conflict: Public Servant or Medical Provider?
Reporting Requirements
Working with other Agencies
Mutual Aid
Establishing a Chain of Command


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ShowAbout the Author(s)

American Academy of Orthopaedic Surgeons (AAOS)

The American Academy of Orthopaedic Surgeons (AAOS) provides education and practice management services for orthopaedic surgeons and allied health professionals. The Academy also serves as an advocate for improved patient care and informs the public about the science of orthopaedics. Founded at Northwestern University as a not-for-profit organization in 1933, the Academy has grown from a small organization serving less than 500 members to the world's largest medical association of musculoskeletal specialists. The Academy now serves about 24,000 members internationally.

Additional Titles by this Author

Jacob Hafter, NREMT-P, MS, MS

Jacob L. Hafter is a member of the Business Ventures Group at Hale, Lane, Peek, Dennison and Howard.  Also a nationally registered paramedic (NREMT-P) and certified American Heart Association instructor in various basic and advanced emergency cardiac care courses, he is conversant with matters facing health care professionals in a rapidly changing health care environment.  Mr. Hafter’s experience as both a health care provider and attorney provide him with the practical ability to ensure that his clients receive legal services that are both legally and practically sound.  Mr. Hafter has represented physicians and physician practice groups in complex transactional issues, including business formation, partner buy-in and buy-outs, practice mergers and consolidations, formation of ancillary business lines and regulatory compliance issues.  His health care representations have also included a hospital medical staff and a publicly-traded mail order pharmaceutical corporation.  Mr. Hafter’s practice, however, is not limited to health care issues. He has a broad experience from both private practice and as in-house counsel in general corporate and transactional matters, including mergers and acquisitions, corporate debt financing issues, employment law and other business issues.  He is admitted to practice law in Nevada, Pennsylvania, New Jersey and before the US Patent and Trademark Office. Mr. Hafter was born and raised in Las Vegas, Nevada.  He lives in Reno, Nevada with his wife and his three children.

Victoria Fedor, NREMT-P, NREMT-P

Victoria Fedor is a sole practioner in Northeast Ohio. She attended Case Western Reserve University, and Cleveland Marshall College of Law, graduating with a Juris Doctrate in 1992. Victoria was admitted to the Supreme Court of Ohio in 1992, and the United States District Court, Northern District of Ohio in 1993. She has been involved in EMS since 1986, and has been a Nationally Registered Paramedic since 1988, with both public and private field experience, including work in an emergency department setting. She has been able to combine her interests in both law and emergency medical services by her previous participation on the Cuyahoga County Critical Incident Stress Debriefing Board of Directors, and on the Geauga Emergency Medical Services Board. Currently she serves on the Board of Directors for the Foundation of Emergency Medical Research, and on the Board of Directors for the India Gospel League of North America, and has served as a medical missionary in Guatemala, Honduras, Jamaica, Benin and India. Victoria is an EMS Instructor for the State of Ohio, and is an ACLS, BCLS and PALS instructor, and teaches classes pertaining to legal issues that affect the EMS provider throughout the United States.  

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ShowReviews

  • The following appeared in the December 2004 issue of JEMS Magazine:

    "Concise and well-written by two attorneys who are also paramedics, EMS and the Law is an excellent reference for all EMS administrators.  Although written on a higher level than many EMS texts, it clearly explains basic legal concepts in the context of EMS provision in today's legal climate.

    EMS and the Law is well-researched and includes references to the enabling EMS legislation and Good Samaritan statutes for each state an to case law affecting EMS.  Legal terms are defined in text boxes that make the book easy to read.

    This book summarizes recent court decisions and explains the legal concepts within the framework of EMS.  It also looks into changes in the law involving EMTALA and HIPAA as they affect EMS providers.

    Chapter 3, entitled "Duties of the Legal System" would be better named "Duties of the EMS Provider."  It's a comprehensive overview of the duty of the individual EMT, as well as that of the EMS system as a whole, to provide timely, competent patient care.  It goes well beyond the familiar "duty to act" to encompass the broad legal duty of EMTs to maintain their licenses, to keep themselves mentally and physically healthy, to ensure their partners are capable of performing their duties during each shift and to make sure all equipment is functioning properly.  Only then does the author move on to the EMT's duty to the patient - to not only provide competent care, but to protect patient rights and honor principles of confidentiality.

    The authors unravel the mysteries of licensure vs. certification as well as can be done.  Although they come dangerously close to doing so, I was pleased to finally see and EMS law book that doesn't mention the term delegated practice as the legal framework of the relationship between the EMT and the medical director.

    EMTs generally don't work "under the license of a physician,' as we have been taught for many years, but instead hold state licensure or certification granting the privilege to practice under physician supervision.  The reference to James O. Page's article in the October 1999 issue of JEMS, titled "Whose License Is It, Anyway?," points the reader to the best explanation of the complex relationship.

    EMS and the Law is an essential book to add to your EMS library."

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