AEMCA Medicolegal and Ethical Issues 3 — Questions and Answers
Question 1: An AEMCA performs an intervention correctly but causes unexpected patient harm. Under tort law, liability most likely depends on whether:
- The patient consented to treatment
- The AEMCA deviated from the accepted standard of care (Correct answer)
- The patient survived the incident
- The agency's protocol was available at the scene
Correct answer: The AEMCA deviated from the accepted standard of care
Negligence is established when a provider's actions fall below the accepted standard of care, regardless of intent or outcome alone.
Question 2: Which document grants a patient the right to direct their own medical care, including the refusal of future treatment, in the event they become incapacitated?
- A living will (advance directive) (Correct answer)
- A coroner's release form
- A HIPAA authorization form
- A hospital consent form
Correct answer: A living will (advance directive)
A living will is an advance directive that specifies a patient's wishes for medical treatment when they can no longer communicate those wishes.
Question 3: A terminally ill patient tells the AEMCA, 'I don't want to be resuscitated, but I have no paperwork.' The AEMCA should:
- Honor the verbal request without further action
- Initiate full resuscitation because no valid order exists
- Contact medical direction and document the patient's stated wishes thoroughly (Correct answer)
- Ask bystanders to verify the patient's wishes
Correct answer: Contact medical direction and document the patient's stated wishes thoroughly
Without a valid written DNR, the AEMCA should consult medical direction and fully document the patient's stated wishes before making a clinical decision.
Question 4: Which of the following actions by an AEMCA constitutes battery?
- Failing to arrive on scene in a timely manner
- Providing treatment without the patient's consent (Correct answer)
- Documenting inaccurate information in the PCR
- Releasing patient information to a family member
Correct answer: Providing treatment without the patient's consent
Battery is the unlawful touching of a person without consent; providing treatment over a patient's objection legally constitutes battery.
Question 5: The Health Insurance Portability and Accountability Act (HIPAA) primarily governs:
- Insurance billing procedures for EMS agencies
- The protection and confidential handling of protected health information (Correct answer)
- Credentialing standards for EMS providers
- Mandatory reporting of communicable diseases
Correct answer: The protection and confidential handling of protected health information
HIPAA establishes national standards for the protection of individuals' medical records and other personal health information.
Question 6: When an AEMCA responds to a crime scene, which action is most appropriate regarding evidence preservation?
- Move all objects away from the patient to create a clear workspace
- Document and disturb the scene as little as clinically necessary (Correct answer)
- Leave the scene entirely until law enforcement clears it
- Photograph all evidence before beginning patient care
Correct answer: Document and disturb the scene as little as clinically necessary
Patient care is the priority, but the AEMCA should disturb the scene as little as possible and document any alterations made during treatment.
Question 7: An AEMCA who witnesses suspected elder abuse while on a call is legally:
- Encouraged but not required to report the suspicion
- Prohibited from reporting without patient consent
- Required to report the suspicion to the appropriate authorities (Correct answer)
- Only required to report confirmed cases, not suspicions
Correct answer: Required to report the suspicion to the appropriate authorities
EMS providers are mandated reporters in most jurisdictions and are legally required to report suspected elder abuse to protective services or law enforcement.
AEMCA Medicolegal and Ethical Issues 3
An AEMCA performs an intervention correctly but causes unexpected patient harm.
Under tort law, liability most likely depends on whether: