Chapter 3

Medical, Legal,
and Ethical Issues
 National EMS Education
Standard Competencies (1 of 3)
Preparatory
Applies fundamental knowledge of the
emergency medical services (EMS) system,
safety/well-being of the AEMT, medical/legal,
and ethical issues to the provision of
emergency care.
 National EMS Education
Standard Competencies (2 of 3)
Medical/Legal and Ethics
• Consent/refusal of care
• Confidentiality
• Advance directives
• Tort and criminal actions
• Evidence preservation
• Statutory responsibilities
 National EMS Education
Standard Competencies (3 of 3)

Medical/Legal and Ethics (cont’d):

• Mandatory reporting
• Ethical principles/moral obligations
• End-of-life issues
 Introduction (1 of 3)

• A basic principle of emergency care is to do

no further harm.
• A health care provider usually avoids legal
exposure if he or she acts:
– In good faith
– According to an appropriate standard of care
 Introduction (2 of 3)

• EMS personnel are often the first link in the

chain of prehospital care.
• Litigation against EMS will likely increase
due to wider availability and more complex
care.
 Introduction (3 of 3)

• Even when emergency medical care is

properly rendered, there are times when
you may be sued.
– Administrative action may be brought against
you if you do not follow EMS regulations.
• Ethical issues may also arise on the job.
 Scope of Practice (1 of 3)

• Outlines the care you are able to provide

• Usually defined by state law
• Medical director further defines by
developing:
– Protocols
– Standing orders
 Scope of Practice (2 of 3)

• Medical director also authorizes care.

• Carrying out procedures outside scope of
practice may be considered:
– Negligence
– Criminal offense
 Scope of Practice (3 of 3)

• Scope of practice is different from standard

of care.
• You have a legal responsibility to provide
proper, consistent care and report
problems.
Standards of Care (1 of 3)

• Manner in which
you are required to
act/behave
• You must be
concerned about
safety and welfare
of others when
your behavior has
the potential to
© Jones & Bartlett Learning. Courtesy of MIEMSS.
cause harm.
 Standards of Care (2 of 3)

• Established by:
– Published medical research
– Local custom
• How a person with similar training/experience
would act under similar circumstances
– Law
• Statutes, ordinances, case law, protocols, etc.
 Standards of Care (3 of 3)

• Established by
(cont’d):
– Professional or
institutional
standards
• Example: AHA’s
CPR standard
– States
• Example: licensure © Jones & Bartlett Learning. Courtesy of MIEMSS.

or certification
 Duty to Act

• Responsibility to
provide patient care
• Duty to act applies:
– Once your
ambulance
responds to a call
– Once treatment is
© Jones & Bartlett Learning. Courtesy of MIEMSS. initiated
• Be familiar with
local policies.
 Abandonment (1 of 2)

• Unilateral termination of care by AEMT

without:
– Patient’s consent
– Making provisions for continuing care
• Once care is started, you have assumed a
duty that must not stop until an equally
competent person with equal or higher
training assumes responsibility.
 Abandonment (2 of 2)

• A legally and ethically serious matter that

can result in civil or criminal liability
• Abandonment may take place:
– At scene
– In emergency department
 Negligence

• Failure to provide same care that person

with similar training would provide
• All four of the following elements must be
present for negligence to apply:
– Duty
– Breach of duty
– Damages
– Causation
 Assault and Battery

• Assault • Kidnapping
– Causing a person – Seizing, confining,
fear of immediate abducting, or
bodily harm carrying away by
without consent force
• Battery – Not common in
EMS
– Unlawfully
touching a person – False imprisonment
is more likely
– Includes providing
care without
consent
 Good Samaritan Laws and
Immunity (1 of 2)
• If you reasonably help another person, you
will not be held liable for error/omission
made in giving good faith emergency care.
– These laws do not protect you from a lawsuit.
 Good Samaritan Laws and
Immunity (2 of 2)
• Another group of laws grants immunity from
liability to official providers.
– They do not provide immunity from gross
negligence or willful misconduct.
• Laws vary; always consult with the medical
director.
 Consent

• Permission to render care.

• Under most circumstances, required from
every conscious, mentally competent adult
before care can be started.
• If the patient is alert, rational, and cable of
making informed decisions, he or she has a
legal right to refuse care.
 Expressed Consent (1 of 2)

• Patient does something that demonstrates

permission to provide care or transport.
• To be valid, patient must provide informed
consent.
– You must explain what you are proposing to do
and the potential risks the procedure carries.
– The patient must give you permission to touch
him or her in the manner you proposed.
 Expressed Consent (2 of 2)

• To provide informed consent a patient must

be:
– Of legal age
– Able to make a rational decision
• A patient may agree to certain emergency
care, but not other care
 Implied Consent (1 of 2)

• Appropriate when
patient is:
– Unresponsive
– Delusional
– Exhibiting altered
mental status
– Otherwise
incapable of
making an © Jack Dagley Photography/ShutterStock, Inc.

informed decision
 Implied Consent (2 of 2)

• Limited to true emergency situations.

• May become a legal question.
– Document all actions thoroughly.
• Try to get consent from a spouse or relative.
• Refusal of care may also be implied.
– Implied consent no longer applies if patient
regains consciousness and appears capable.
 Minors and Consent (1 of 2)

• Parent or legal guardian gives consent.

• In some states, a minor can give consent.
– Depending on age and maturity
– Married, pregnant, emancipated minors
– Minor parents can give consent for their
children.
 Minors and Consent (2 of 2)

• Obtain consent
whenever possible.
– Always in non-life
threatening
situations.
• If true emergency
exists, and no
consent is available: © Jones & Bartlett Learning. Courtesy of MIEMSS.

– Treat the patient.

– Consent is implied.
 Involuntary Consent (1 of 2)

• Applies to patients who are:

– Mentally ill
– In behavioral (psychological) crisis
– Under the influence of drugs or alcohol
– Developmentally delayed
 Involuntary Consent (2 of 2)

• Mentally incompetent adult patients cannot

give informed consent.
– Obtain consent from guardian or conservator.
• Not always possible, so understand local
provisions
Forcible Restraint (1 of 2)

• Act of subduing a
patient to prevent
physical action
• Applies to patients
who are:
– Mentally
incompetent
– Physically violent
 Forcible Restraint (2 of 2)

• Is legally permissible:
– If you believe patient is a threat to self/others.
– Consult medical control for authorization.
• Restraint without authority exposes you to
civil and criminal penalties.
• If patient is responsive and situation is not
urgent, consent is required.
The Right to Refuse Treatment
(1 of 4)

• Conscious, alert adults who appear to have

decision-making capacity:
– Have the right to refuse treatment
– Can withdraw from treatment at any time, even
if the result is death or serious injury
The Right to Refuse Treatment
(2 of 4)

• These patients present the AEMT with a

dilemma.
– Commonly litigated
– Proceed cautiously.
• Make sure patient understands potential
risks, benefits, treatments, and alternatives.
The Right to Refuse Treatment
(3 of 4)

• In order to refuse treatment, patient must be

alert and oriented to person, place, time,
and event.
– When in doubt, proceed.
• If a parent refuses treatment for a child,
consider the emotional impact of the
emergency.
The Right to Refuse Treatment
(4 of 4)

• Before you leave a scene where a patient,

parent, or caregiver has refused care:
– Obtain signature on official release form.
– Document any assessment findings and care.
– Obtain a signature from a witness to the refusal.
– Keep the release form with the patient care
report and write a note about the refusal on it.
• Know what to do if the patient refuses to
sign the release form.
 Advance Directives (1 of 2)

• Specify treatment if patient becomes unable

to make decisions
• Do not resuscitate (DNR) order gives
permission not to attempt resuscitation.
To be valid, it must:
– State patient’s medical problems
– Have signature of patient or guardian
– Have signature of at least one physician
 Advance Directives (2 of 2)

• Even with DNR, you must provide

supportive measures.
• Patients may have health care proxies.
– Durable powers of attorney for health care
– Only apply if patient is not capable of making
decisions
– Read carefully
• When in doubt, begin BLS and contact
medical control.
 Ethical Principles and Moral
Obligations (1 of 2)
• Ethics
– Philosophy of right and wrong, moral duties,
ideal professional behavior.
• Morality
– Code of conduct affecting character, conduct,
and conscience.
• Applied ethics
– Manner in which ethical principles are
incorporated into professional conduct.
 Ethical Principles and Moral
Obligations (2 of 2)
• You must meet your legal and ethical
responsibilities while caring for your
patient’s physical and emotional needs.
– Practice absolute honesty in reporting.
– Keep accurate records.
– Maintain a mastery of skills.
• AEMTs will encounter ethical dilemmas.
– Failure to live up to legal or ethical standards
can result in criminal and/or civil charges.
 Confidentiality (1 of 3)

• Communication with patients is confidential.

– Confidential information includes assessment
findings, treatment provided, diagnosis, etc.
• If you release information, you may be liable
for breach of confidentiality.
• To protect yourself, document only objective
findings, not personal opinions.
 Confidentiality (2 of 3)

• Generally, records may be released only:

– If patient signs a release
– If legal subpoena is presented
– To health agencies concerning diseases that
may affect the population
 Confidentiality (3 of 3)

• Records may be released (cont’d):

– Events such as seizure activity that may be
reported to the department of motor vehicles
– Automatic release
– Cases of rape or abuse to the authorities
– If needed by billing personnel
 Health Insurance Portability
and Accountability Act (HIPAA)
• Contains a section on patient privacy that
strengthens privacy laws
– Safeguards patient confidentiality
• Provides guidance on:
– What information is protected
– Responsibilities regarding that protection
– Penalties for breaching that protection
• Considers all patient information to be PHI
 Records and Reports

• Compile record for • The court’s

all incidents perception of
involving sick or records:
injured patients. – An action not
– Important recorded was not
safeguard against performed.
legal – Incomplete or
complications. untidy reports are
evidence of
incomplete/inexpert
emergency care
 Mandatory Reporting
Requirements (1 of 3)
• Most states have a reporting obligation:
– Neglect or abuse of children
– Neglect or abuse of older people
– Domestic violence
– Injury during commission of a felony
– Drug-related injuries
 Mandatory Reporting
Requirements (2 of 3)
• Reporting obligations (cont’d):
– Childbirth outside licensed medical facility
– Rape
– Animal bites
– Certain communicable diseases
 Mandatory Reporting
Requirements (3 of 3)
• Notify the dispatcher immediately if you
believe a crime was committed at the
scene.
– Your safety is a priority.
– Provide care, but do not disturb the scene more
than necessary.
• If there is any chance, attempt
resuscitation.
• If death is obvious, cover body and prevent
its disturbance.
Physical Signs of Death (1 of 3)

• Physician determines cause of death.

• Signs can be presumptive or definitive.
• Death is generally defined as absence of
circulatory and respiratory function.
– Many states also have “brain death” provisions.
Physical Signs of Death (2 of 3)

• General rule: If the body is warm and intact,

initiate emergency medical care.
– Hypothermia emergencies are the exception.
• Presumptive signs of death are generally
adequate, particularly after severe trauma
or long-term illness.
– Not in cases of sudden death
Physical Signs of Death (3 of 3)

• Presumptive signs
of death include:
– Lack of pulse
– No eye movement
– No blood pressure
• Definitive signs are
obvious, such as:
– Decapitation
– Dependent lividity
Medical Examiner Cases (1 of 2)

• Involvement depends upon the nature and

scene of death.
• Examiner (or coroner) notified in cases of:
– Dead at the scene
– Death without previous medical care
– When physician cannot state cause of death
Medical Examiner Cases (2 of 2)

• Examiner notified
(cont’d):
– Suicide
– Violent death
– Poisoning, known
or suspected
– Death from
accidents © Jack Dagley Photography/ShutterStock, Inc.

– Suspicion of a
criminal act
 Organ Donors

• Expressed a wish
to donate organs
• Consent is:
– Voluntary
– Informed
– Evidenced by donor
card or driver’s
license
Courtesy of the U.S. Department of Health and Human Services

• Saving patient’s life

is the priority
Medical Identification Insignia
• Bracelet,
necklace, or card
indicating:
– DNR order
– Allergies
– Diabetes, epilepsy,
or other serious
condition Courtesy of the MedicAlert Foundation®. © 2006, All Rights Reserved. MedicAlert® is
a federally registered trademark and service mark.

• Check any jewelry

patient may be
wearing.
 Summary (1 of 14)

• As the scope of emergency medical care

becomes more complex and widely
available, litigation involving participants in
emergency medical services will increase.
• The scope of practice outlines the care you
are able to provide to the patient and is
most commonly defined by law; the medical
director further defines the scope of
practice.
 Summary (2 of 14)

• The standard of care is the manner in which

you must act or behave when treating sick
or injured patients. Some standards are
imposed by local custom, the law, or
institutions.
 Summary (3 of 14)

• A duty to act is the responsibility of an

individual to provide patient care. If you are
off duty or out of your jurisdiction, you may
not have a legal duty to act; however, you
do have a moral and ethical duty to act
because of your training and expertise.
 Summary (4 of 14)

• Abandonment is the termination of care

without the patient’s consent and without
making provisions for the transfer of care to
a health care professional with skills at the
same level or a higher level than yours.
Abandonment is a legally and ethically
serious act.
 Summary (5 of 14)

• Negligence is the failure to provide the

same care that a person of similar training
would provide in a similar situation.
Determination of negligence is based on
duty, breach of duty, damages, and
proximate cause.
• Assault is defined as unlawfully placing a
person in fear or immediate harm without
the person’s consent.
 Summary (6 of 14)

• Battery is unlawfully touching a person; this

includes providing emergency care without
consent.
• Many states have adopted Good Samaritan
laws and other laws that provide immunity
to EMS personnel, provided that injury to
the patient was not the result of gross
negligence or willful misconduct on the part
of the AEMT, and that treatment was not
provided for remuneration.
 Summary (7 of 14)

• You must receive consent from a patient

before beginning care. A conscious adult
patient who can make a rational decision
will be able to give you expressed consent.
Expressed consent must also be informed.
• When a patient is unresponsive and unable
to give consent, the law assumes implied
consent; therefore treatment should
proceed.
 Summary (8 of 14)

• You should try to obtain consent from a

parent or guardian of a minor whenever
possible. You should never withhold life-
saving care.
• To protect yourself from charges, be sure to
obtain expressed consent whenever
possible.
 Summary (9 of 14)

• Mentally competent patients have the right

to refuse treatment. In these instances, be
sure to have the patient sign a refusal form,
and make sure your department keeps a
copy.
• An advance directive is a written document
that specifies medical treatment in case a
mentally competent patient becomes unable
to make decisions.
 Summary (10 of 14)

• A DNR order gives you permission not to

attempt resuscitation in the event of cardiac
arrest. Your ambulance service should have
protocols to follow when you are faced with
an advance directive or a DNR order.
 Summary (11 of 14)

• EMS providers have ethical responsibilities

as health care providers. Treating a patient
ethically means doing so in a manner that
conforms to professional standards of
conduct and keeps the patient’s best
interests at the forefront of decision making.
• Communication between you and the
patient is confidential and should not be
disclosed without permission from the
patient or a court order.
 Summary (12 of 14)

• Records and reports are important; make

sure you compile a complete and accurate
record of each incident in which you come
in contact with sick or injured patients. You
may need to testify some day, and the
courts consider an action or procedure that
was not recorded on the written report as
not having been performed.
 Summary (13 of 14)

• You should know the special reporting

requirements about abuse of children,
elderly people, and others; injuries related
to crimes, drug-related injuries, childbirth,
and any other situations that require
reporting per your area’s protocols.
 Summary (14 of 14)

• Be sure to note whether patients are

carrying some type of medical identification
information. If you fail to take this
information into account, you may harm the
patient.
 Review

1. You arrive at the scene of an elderly woman

who is reporting chest pain. In assessing
her, she holds her arm out for you to take
her blood pressure.
This is an example of:
A. implied consent.
B. informed consent.
C. expressed consent.
D. emergency consent.
 Review

Answer: C.
Rationale: Expressed consent (also called
actual consent) is when the patient authorizes
you to provide treatment and transport, either
verbally or nonverbally. For example, a patient
who holds out his or her arm to allow you take
a blood pressure is nonverbally giving you
expressed consent.
 Review (1 of 2)

1. You arrive at the scene of an elderly woman who is

reporting chest pain. In assessing her, she holds
her arm out for you to take her blood pressure.
This is an example of:
A. implied consent.
Rationale: Implied consent is limited to life-
threatening emergencies and is appropriate when a
person is unresponsive and/or delusional.
B. informed consent.
Rationale: Informed consent is when the patient has
been told of the specific risks, benefits, and
alternative treatments.
 Review (2 of 2)

1. You arrive at the scene of an elderly woman

who is reporting chest pain. In assessing
her, she holds her arm out for you to take
her blood pressure.
This is an example of:
C. expressed consent.
Rationale: Correct answer. It is also known as
actual consent.
D. emergency consent.
Rationale: This does not exist as a form of
consent.
 Review

2. Which of the following is an example of

abandonment?
A. An AEMT leaves the scene after a competent
adult has refused care.
B. An AEMT transfers care of a patient to an
emergency department nurse.
C. An AEMT transfers care of a patient to a
paramedic.
D. An AEMT transfers care of a patient to an EMT.
 Review

Answer: D.
Rationale: Abandonment occurs when patient
care is terminated without the patient’s consent
or when care is transferred to a provider of
lesser training and level of certification.
 Review (1 of 2)

2. Which of the following is an example of

abandonment?
A. An AEMT leaves the scene after a competent
adult has refused care.
Rationale: Mentally competent adults have the
right to refuse treatment or withdraw from
treatment at any time.
B. An AEMT transfers care of a patient to an
emergency department nurse.
Rationale: An AEMT can transfer care to
someone of equal or higher medical authority.
 Review (2 of 2)

2. Which of the following is an example of

abandonment?
C. An AEMT transfers care of a patient to a
paramedic.
Rationale: An AEMT can transfer care to
someone of equal or higher medical authority.
D. An AEMT transfers care of a patient to an EMT.
Rationale: Correct answer
 Review

3. The unauthorized confinement of a person

is called:
A. assault.
B. battery.
C. false imprisonment.
D. slander.
 Review

Answer: C.
Rationale: False imprisonment is defined as
the confinement of a person without legal
authority or the person’s consent.
 Review (1 of 2)

3. The unauthorized confinement of a person

is called:
A. assault.
Rationale: Assault is unlawfully placing a person
in fear of bodily harm.
B. battery.
Rationale: Battery is touching a person or
providing care without consent.
 Review (2 of 2)

3. The unauthorized confinement of a person

is called:
C. false imprisonment.
Rationale: Correct answer.
D. slander.
Rationale: Slander is false and damaging
information about a person that is
communicated by the spoken word.
 Review

4. Failure of the AEMT to provide the same

care as another AEMT with the same
training is called:
A. libel.
B. slander.
C. negligence.
D. abandonment.
 Review

Answer: C.
Rationale: An AEMT could be held liable for
negligence if he or she fails to provide the
same care that another AEMT with the same
training would provide in a similar situation. For
example, if an AEMT fails to give oxygen to a
patient with shortness of breath (an
intervention that is clearly indicated), he or she
may be held liable for negligence.
 Review

4. Failure of the AEMT to provide the same care as

another AEMT with the same training is called:
A. libel.
Rationale: Libel is making a false statement in a
written form that injures a person’s reputation.
B. slander.
Rationale: Slander is verbally making a false
statement that injures a person’s reputation.
C. negligence.
Rationale: Correct answer
D. abandonment.
Rationale: Abandonment is the abrupt termination of
contact with a patient.
 Review

5. An 8-year-old boy was struck by a car,

is unresponsive, and is bleeding from the
mouth. A police officer tells you that he is
unable to contact the child’s parents. You
should:
A. continue to treat the child and transport as soon
as possible.
B. cease all treatment until the child’s parents can
be contacted.
C. continue with treatment only if authorized by
medical control.
D. only provide airway management until the
parents are contacted.
 Review

Answer: A.
Rationale: The child in this scenario is
critically injured and requires immediate
treatment and transport; waiting until his
parents are contacted wastes time and
increases his chance of a negative outcome. If
you are unable to contact a minor’s parents or
legal guardian, you should proceed with care
based on the law of implied consent.
 Review (1 of 2)

5. An 8-year-old boy was struck by a car, is

unresponsive, and is bleeding from the mouth.
A police officer tells you that he is unable to
contact the child’s parents. You should:
A. continue to treat the child and transport as soon
as possible.
Rationale: Correct answer
B. cease all treatment until the child’s parents can
be contacted.
Rationale: If a true emergency exists, then
consent is implied.
 Review (2 of 2)

5. An 8-year-old boy was struck by a car, is

unresponsive, and is bleeding from the mouth.
A police officer tells you that he is unable to
contact the child’s parents. You should:
C. continue with treatment only if authorized by
medical control.
Rationale: If a true emergency exists, then
consent is implied.
D. only provide airway management until the
parents are contacted.
Rationale: If a true emergency exists, then
consent is implied.
 Review

6. An advance directive is:

A. a set of specific guidelines that clearly defines
the different types of consent.
B. a formal list that defines by state law whether a
patient has decision-making capacity.
C. a written document that specifies the care you
should provide if the patient is unable to make
decisions.
D. a verbal order given to you by a dying patient’s
family regarding whether treatment should be
provided.
 Review

Answer: C.
Rationale: An advance directive is a written
document signed by the patient and a witness
that specifies the medical care that should be
provided if the patient loses decision-making
capacity (ie, he or she is no longer deemed
competent).
 Review (1 of 2)

6. An advance directive is:

A. a set of specific guidelines that clearly defines
the different types of consent.
Rationale: An advance directive specifies the
specific care a patient will receive and does not
address any type of consent.
B. a formal list that defines by state law whether a
patient has decision-making capacity.
Rationale: An advance directive document has
already determined that a patient was
competent to make decisions when the
document was created and signed.
 Review (2 of 2)

6. An advance directive is:

C. a written document that specifies the care you
should provide if the patient is unable to make
decisions.
Rationale: Correct answer
D. a verbal order given to you by a dying patient’s
family regarding whether treatment should be
provided.
Rationale: An advance directive is a written
order that defines the patient’s medical
decisions.
 Review

7. Which of the following patients is

competent and can legally refuse EMS
care?
A. A confused young female who states that she
is the president
B. A man who is staggering and states that he
only drank three beers
C. A conscious and alert woman who is in severe
pain from a broken leg
D. A diabetic patient who has slurred speech and
is not aware of the date
 Review

Answer: C.
Rationale: A patient who is of legal age (18
years old in most states), is conscious, and is
alert to person, place, time, and event, likely
has decision-making capacity and can legally
refuse EMS care. However, patients who are
confused, possibly intoxicated, or delusional
are not capable of making a rationale decision;
therefore, you should provide care based on
the law of implied consent.
 Review (1 of 2)

7. Which of the following patients is competent

and can legally refuse EMS care?
A. A confused young female who states that she
is the president
Rationale: You must assess whether this
patient’s mental condition is impaired.
B. A man who is staggering and states that he
only drank three beers
Rationale: You must assess whether this
patient’s mental condition is impaired.
 Review (2 of 2)

7. Which of the following patients is competent

and can legally refuse EMS care?
C. A conscious and alert woman who is in severe
pain from a broken leg
Rationale: Correct answer
D. A diabetic patient who has slurred speech and
is not aware of the date
Rationale: You must assess whether this
patient’s mental condition is impaired.
 Review

8. You are treating a patient with an apparent

emotional crisis. After the patient refuses
treatment, you tell him that you will call the
police and have him restrained if he does
not give you consent. Your actions in this
case are an example of:
A. assault.
B. battery.
C. negligence.
D. abandonment.
 Review

Answer: A.
Rationale: Unlawfully placing a person in fear
of immediate bodily harm (ie, having him
restrained) without his consent constitutes
assault. Unlawfully touching a person without
his or her consent constitutes battery.
 Review (1 of 2)

8. You are treating a patient with an apparent

emotional crisis. After the patient refuses
treatment, you tell him that you will call the
police and have him restrained if he does
not give you consent. Your actions in this
case are an example of:
A. assault.
Rationale: Correct answer
B. battery.
Rationale: Battery is unlawfully touching a
person. This includes care without consent.
 Review (2 of 2)
8. You are treating a patient with an apparent
emotional crisis. After the patient refuses treatment,
you tell him that you will call the police and have
him restrained if he does not give you consent.
Your actions in this case are an example of:
C. negligence.
Rationale: Negligence is failure to provide the same
care that a person with similar training would provide.
D. abandonment.
Rationale: Abandonment is the unilateral termination
of care without the patient’s consent.
 Review

9. The AEMT has a legal duty to act if he or

she is:
A. off duty and witnesses a major car accident.
B. a volunteer, is on duty, and is dispatched on a
call.
C. paid for his or her services, but is not on duty.
D. out of his or her jurisdiction and sees a man
choking.
 Review

Answer: B.
Rationale: The AEMT, paid or volunteer, has a
legal duty to act if he or she is on duty and is
dispatched on a call, regardless of the nature
of the call. If the AEMT is off duty and/or out of
his or her jurisdiction, he or she has a moral
obligation to act, but not necessarily a legal
one.
 Review

9. The AEMT has a legal duty to act if he or she is:

A. off duty and witnesses a major car accident.
Rationale: This is a moral obligation to act, and not
a legal one.
B. a volunteer, is on duty, and is dispatched on a call.
Rationale: Correct answer
C. paid for his or her services, but is not on duty.
Rationale: Whether paid or volunteer, the AEMT
must be on duty to have a legal duty to act.
D. out of his or her jurisdiction and sees a man choking.
Rationale: This is a moral obligation to act, and not
a legal one.
 Review

10. Which of the following statements about

records and reports is FALSE?
A. Legally, if it was not documented, it was not
performed.
B. A complete, accurate report is an important
safeguard against legal problems.
C. An incomplete or untidy patient care report is
evidence of incomplete or inexpert
emergency medical care.
D. Your patient care report does not become a
part of the patient’s hospital record because
your treatment was provided outside the
hospital.
 Review

Answer: D.
Rationale: One of your most important safeguards
against legal problems is a complete, accurate
report; if it wasn’t documented, it wasn’t done!
Furthermore, an incomplete or untidy patient care
report (PCR) suggests incomplete or inexpert
medical care. The PCR becomes a part of the
patient’s hospital medical record. Even though your
treatment was provided outside the hospital, the
PCR ensures continuity of care in the hospital.
 Review (1 of 2)

10. Which of the following statements about

records and reports is FALSE?
A. Legally, if it was not documented, it was not
performed.
Rationale: True. If it was not written, then it
was not performed.
B. A complete, accurate report is an important
safeguard against legal problems.
Rationale: True. The most important
safeguard against legal problems is a
complete, accurate report.
 Review (2 of 2)

10. Which of the following statements about

records and reports is FALSE?
C. An incomplete or untidy patient care report is
evidence of incomplete or inexpert emergency
medical care.
Rationale: True. An incomplete or untidy report
equals incomplete or inexpert emergency care.
D. Your patient care report does not become a part
of the patient’s hospital record because your
treatment was provided outside the hospital.
Rationale: Correct answer
 Credits

• Chapter Opener: © Jones & Bartlett

Learning. Courtesy of MIEMSS.
• Background slide images: (dark blue, red)
Courtesy of Rhonda Beck; (orange) © John
Sartin/ShutterStock, Inc.
• Review slide image: Courtesy of Rhonda
Beck