Why Do EMS Providers Need A Capacity?

Treatment without consent - Charlotte, the nurse on duty, had forced James into getting the injections therefore causing him emotional distress. Treating a competent patient who has validly refused treatment could constitute an assault or battery. The legal provisions supporting a competent patients’ right to refuse treatment in Australia can be found in both legislation throughout all the States and common law. The Australian Charter of Healthcare Rights is also a helpful source of guidance as it reinforces the common law position that is based upon the principle of patient autonomy. The High Court of Australia first articulated the principle or refusal of treatment in Marion’s case, stating that a legally competent person has a right “to choose what occurs with respect to his or her own person.” Under the NSW Health Patient Charter, consent in regard to an operation, procedure or treatment is both a specific legal requirement and an accepted part of good medical practice. Medical practitioners are also expected to clearly explain proposed treatment, and adequately inform their patients on significant risks and alternatives associated with the treatment.Failure to do this could result in legal action for assault and battery against a practitioner who performs the procedure. Charlotte made no effort to explain or gain a consent from James.

There are a number of legal and ethical duties expected of nurses. Most of these involve care for patient’s autonomy and confidentiality despite the medical care. Failure to act regarding these can give rise to liability. One aspect of Patient’s autonomy involves giving or withholding his consent about treatment. This paper takes into account ‘consent’ as the aspect of law regarding nursing.

There is implied consent; when the patient directs through an action or some form of behaviour, that they have no complaint to the procedure or management. There is verbal consent where the following patient verbally agrees with the paramedic to proceed with a procedure or management. And

This information must be easy for the patient to understand and must also be correct and truthful (RCN 2013). The Department of Health define consent as allowing a capable individual to make their own decisions about their health care without being pressured into making any decisions from others such as friends, family and health care professionals. In the adult nursing field it is legal and ethical to gain valid consent before starting a medical procedure, or providing care. This shows that the individuals rights have been respected which is good practice. If a healthcare professional did not respect an individual’s choices they could be accountable to legal proceedings. In common law touching or performing an act of care on a patient without valid consent can be classed as a criminal offence or battery. If a healthcare professional was not following the legal practice regarding consent then the individual may be faced with a criminal offence and disciplinary action will take place (Dimond 2009). The Human Rights Act states that all healthcare professionals should never judge an individual on their sex, race, religion, social origin, language or any other status.

Consent should be obtained before carrying out any form of care or activity with any individual; if consent cannot be obtained then any form of care etc should not be carried out. If consent cannot be readily established and patient presents in an emergency situation, is unconscious, mentally incapable, and with no family available, and no advanced directive in place, it is considered reasonable to treat the patient. It is assumed that under these conditions, the patient would consent to treat. If there is a language barrier, and the patient is otherwise capable of giving consent, a reasonable effort must be made to find an interpreter, which includes using the ones through the phone companies. If the patient's life is in danger, and there is nobody who can communicate with them, then with careful documentation, treatment can be delivered.

Patient informed consent refers to the situation where the patient is fully informed on the consequences of their health care decision after which the patient gives the decision. For there to be informed consent, there are five elements that must be discussed. The first is the nature of the patient's decision then the applicable alternatives to the proposed intervention. Third are the risks, benefits and uncertainties associated with each of the alternatives. Fourth is the assessment of the patient's understanding and last is the acceptance of the intervention or an alternative by the patient. Before the patient's consent is considered to be valid, the patient's competency to make the decision must be addressed. The criteria for evaluating the patient's competency is clearly stated in section 3 of the 2005 Mental Capacity Act which states that provided the person is able to understand, retain and use information provided and to communicate their decision in any way such as talking or sign language, they are competent to make a decision. If a patient is treated against their refusal to consent, it amounts to the tort of battery or can also be considered the crime of assault. In addition to this, laws that touch on human rights reinforce the importance of the protection of the physical integrity of the individual in terms of their right to respect of their private life. Therefore, refusal of medical treatment is a human right.

If an emergency is life-threatening, or the patient is not mentally competent to make a decision regarding consent, then the requirement may be waived. In a life-threatening situation, there may not be time to provide a patient with the risks and benefits of a procedure. If a surrogate is available to make a decision on behalf of the patient, such as a spouse or a parent, then they will often to be authorized to give consent. Otherwise, informed consent is presumed.

In general rule, every adult patient should be given consent to medical treatment but it would be unlawful if medical professional touch a patient without consent. Therefore, consent is very important under medical treatment. The consent must be given voluntarily by someone who has the capacity to consent and who understands what the treatment involves which known as informed consent.

All EMS personnel must take into consideration the “Six Rights” of medications: Right person, Right drug, Right dose, Right time, Right route, Right documentation.

I consider it the duty of medical professionals to educate patients to be able to make an informed decision. As a paramedic, I often have discussions with patients about what treatments they would like or which hospital they want to go to, letting them know the risks and benefits of their various options. Working as a paramedic

Paramedics have a legal and moral duty to their patients to act ethically and with integrity (Christen, Ineichen, & Tanner, 2014; Townsend & Luck, 2013). Paramedics are repeatedly engaged in confronting situations in which they are forced to make some very difficult decisions. Decisions being made by paramedics are so crucial that require vital skills and abilities to understand and deliberate fundamental ethical principles. By acting in accordance to these principles Paramedics are permitted to attain positive outcomes, for the well-being of patients. These critical ethical principles consist of; Autonomy, Beneficence, Non-maleficence and Justice.

Furthermore, after the parent have been informed, the law needs them to make formal consents stating why they think abortion is appropriate in such cases. However, if this minor cannot obtain the consent of the parent, then she will be required to obtain a judicial bypass from the court. The teenager will be advised and accompanied by a counsellor to the court of law. The judge will then scrutinize the evidence presented by the minor and judge whether the teen is old enough to reach such a decision and check if abortion is the only best option for her

There are many legal and ethical situations that healthcare providers will be faced with when providing medical treatment to either a child or an elderly adult. While there is often much discussion regarding the elderly and do not resuscitate orders, there are often times when the decisions for health care of a child may be overlooked. Some of the legal issues that may be faced by healthcare professionals are informed consent, confidentiality, reproductive services and child abuse. Patients have the right to decide what is done to their own bodies, but for children under eighteen, their parents decide for them. A major issue faced by healthcare professionals is parental refusal for treatment. Healthcare providers will be faced with many conflicting ethical and legal situations regarding refusal of a minor’s healthcare and treatment. These issues

Consent can be quite tricky, a legal minefield for healthcare teams, this is due to the patients who will give or refuse to give private information about themselves who is legally competent but

Thus, emergency physicians cannot rely on earned trust or on prior knowledge of the patient's condition, values, or wishes regarding medical treatment. The patient's willingness to seek emergency care and to trust the physician is based on institutional and professional assurances rather than on an established personal relationship. Fourth, emergency physicians practice in an institutional setting, the hospital emergency department, and in close working relationships with other physicians, nurses, emergency medical technicians, and other health care professionals. Thus, emergency physicians must understand and respect institutional regulations and inter-professional norms of conduct. Fifth, in the United States, emergency physicians have been given a unique social role and responsibility to act as health care providers of last resort for many patients who have no other feasible access to care. Sixth, emergency physicians have a societal duty to render emergency aid outside their normal health care setting when such intervention may save life or limb. Finally, by virtue of their broad expertise and training, emergency physicians are expected to be a resource for the community in pre-hospital care, disaster management, toxicology, cardiopulmonary resuscitation, public health, injury control, and related areas. All of these special circumstances shape the