Re: pt. consent

["Jeff Brosius" <reno316@hotmail.com>]

Deja vu...

I spoke today with one of the trauma surgeons at Grady Memorial (Level I in 
Georgia) about a similar question:  "Is there legal precedent to allow a 
paramedic to override patient decision regarding destination, provided the 
patient suffers from traumatic injury and meets ACS defined criteria?"

Short version:  No applicable case/statute law in Georgia that would 
override the current case law (Wideman v. DeKalb County EMS) which states 
(in brief, since this is from memory, it's late/early, and I'm beat)

*The patient has the right to decide the destination he orshe will be 
transported to, as long as the patient is in command of their mental 
faculties.*

My argument, and it is the belief of our surgeon that this would hold up, is 
that by transporting to a specialty center rather than that of choice, would 
be acting in the best interests of the patients health.  Since there is 
somuch good data that shows trauma patients do better at trauma centers, 
taking the patient to a non-trauma center would be shaky ground at best.

Lastly:  Were the patient's family members ON THE SCENE?  If not, then the 
EMS crews' statement would be heresay, and not applicable.

FWIW, I'll forward this e-mail to an EMS-oriented lawyer, and forward his 
reply.

As I see it, you did the right thing.

------------
JRB

Jeff Brosius,
Paramedic, etc.
Atlanta, GA
www.prehospital-perspective.com
brosius@prehospital-perspective.com
"Performance is your reality.  Forget everything ele."  -- Harold Geneen




> > -----Original Message-----
> > From: flightmed-admin@flightweb.com
> > [mailto:flightmed-admin@flightweb.com]On Behalf Of
> > jffmedic46@netzero.com
> > Sent: Saturday, March 01, 2003 5:23 PM
> > To: flightmed@flightweb.com
> > Subject: pt. consent
> >
> >
> > I have question for anyone that will answer. I had a elderly patient
> > involved in an MVC with +loc at scene, multiple extremity fractures,
>pelvic
> > fracture, head lac, Responsive to name only following prolonged
>extracation.
> > 30 minutes to only Level I trauma center around. EMS on scene stated pt.
> > family wants her taken to a Level III hospital same distance away for 
>they
> > did not like how past family members where treated at Level I in the 
>past.
> > Our guidelines state to take her to the Level I Trauma center with the
> > injuries that she had,which we did. Now family states their rights were
> > violated. The crew did not talk to the family at the scene, only the EMS
> > unit that called us. The EMS unit had told the family that we had to 
>take
> > her to the most appropriate facility and left it at that. My question 
>is,
> > "Was this patients rights violated?"
> >
> > J. Stone NREMT-P
> >
> >
> >
> >
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