Flashcards in Chapter 4 - Critical Thinking Exercises Deck (3)
You are transporting a patient who was seriously injured when he was ejected from his vehicle in a high-speed collision. You talk to another member of your crew who tells you the patient died the next day. That crew member is worried about getting used over the death. Do you think that a lawsuit against you is likely? Why or why not?
Think back about your care of the patient and your actions on the call. Were the actions of your crew so obviously responsible for the patient's death a lawsuit is in order? Does res Ipas loquitur apply? If not, evaluate your care and actions on the call against three tests of negligence.
(1) did you have a duty to act?
(2) did you provide the standard of care or commit a breach of duty?
(3) If you failed to provide the standard of care , did your actions cause harm to the patient (also known as proximate causation)? In order for negligence to be proven, all three must apply. Remember the proximate causation can not be applied to patients who are so seriously injured that they cannot be saved
You and your partner are in a ambulance on the way back from a call when you come upon a moto-vehicle crash. It is in an adjoining ambulance district. Do you have the duty to act? Do you have the moral ethical obligation?
This May not fit the strict definition of " duty to act" because you were not officially dispatched to this call. But you still have a moral and ethical obligation to render aid since you are on duty and you are trained providers. In general, if you follow conscience and provide care, you will incur less liability then if you do not act. Always follow your local protocols and laws.