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Wrongful Death Suit: A fatal transfer from hospital

Legal Lines It's been 10 months since George Badley says he watched while careless treatment by paramedics killed his wife, and the retired maintenance man still is not doing well.
Author: Andrew Smith, NY Newsday
Submitted By: Philip Hayes (phayes)

EMS LawLines: July 2004

Legal Lines This is the July 2004 edition of EMS Law Lines, the official newletter of Page, Wolfberg & Worth law firm.
Author: Page, Wolfberg & Wirth, LLC
Submitted By: Philip Hayes (phayes)

Home Buying 101 For The EMS Provider

Legal Lines Purchasing a first home is part of the American dream, but it can be a daunting task for the uninitiated, hard working, EMS provider. For most people, the purchase of a home is their largest financial transaction. A general familiarity with the process can help demystify this transaction and prevent misunderstandings from occurring.
Author: James R. Carcano, EMT-P
Submitted By: Philip Hayes (phayes)

Understanding the Geneva Conventions

Legal Lines Since the beginning of Operation Iraqi Freedom, our so called “war” against Iraq, the media has extensively mentioned the Geneva Conventions with regard to certain incidents which have occurred during this conflict. Unfortunately, a popular misconception occurs throughout this reporting. A fundamental understanding of the history and actual text of the Geneva Conventions will help to dispel some of this misperception.
Author: James R. Carcano, EMT-P
Submitted By: Philip Hayes (phayes)

US Vs. Them

Legal Lines We live in a society where no one should have to justify his career choice to anyone other than himself. Having listened to the President’s State of the Union Address, I am starting to wonder if indeed I must justify my career choice. Mixed in with the ever-evolving struggle against Iraq and an idealistic action plan for stimulating this economy, President Bush began a blatant attack against this nation’s trial lawyers, a group to which I proudly belong. By inference, President Bush blamed trial lawyers for the ills the medical profession suffers as well as the ills of the common man.
Author: James R. Carcano, EMT-P
Submitted By: Philip Hayes (phayes)

Worker's Comp or Worker's Con (Part Two)

Legal Lines Last month’s article introduced basic concepts in Workers’ Compensation law. This month’s article continues the discussion by examining the actual workings of the Workers’ Compensation system.
Author: James R. Carcano, EMT-P
Submitted By: Philip Hayes (phayes)

The Limitations Of Free Speech

Legal Lines When asked to describe what makes the United States the country it is, one might begin by declaring the personal freedoms we enjoy. Chief among these is the freedom of speech. Along these lines, one could argue that the Bill of Rights is really a top ten list promulgated by the Founding Fathers.
Author: James R. Carcano, EMT-P
Submitted By: Philip Hayes (phayes)

Legal Lines: 'Surviving the Disciplinary Process'

Legal Lines At some point in our professional careers, we will be involved in a disciplinary proceeding. We may be the party facing the disciplinary process or a witness to the event under scrutiny. The process itself can involve a minor infraction of an administrative rule or, in serious circumstances, a gross deviation from a standard of care. Regardless of the basis for the institution of the disciplinary proceeding, the provider must be aware of his rights and responsibilities.
Author: James R. Carcano, EMT-P
Submitted By: Philip Hayes (phayes)

Legal Lines: 'Overlooking the Basics'

Legal Lines While working at a chemical plant, an explosion occurred which blew up in Ronnie's face and engulfed him.�??�?� Ronnie was covered in quick lime and jumped approximately fifteen feet off the top of the tanks suffering several injuries. At first glance, it seems that the responding paramedics did everything right. Unfortunately, this was not the case, serious mistakes were made. How can we learn from our own mistakes?
Author: James R. Carcano, EMT-P
Submitted By: Philip Hayes (phayes)

Legal Lines: As I Lay Dying: Discretionary CPR

Legal Lines Recently, I read an article by a second-year internal medicine resident from Chicago. Entitled “Death Blows,” the essay discusses the brutal nature of Cardio-Pulmonary Resuscitation (CPR) and questions whether CPR is worth performing at all. Initially, I thought the article was a melodramatic attempt to show that the author could still write complete sentences after medical school. However, upon deeper reflection, I discovered that she was striking an important chord in the real world of EMS.
Author: James Carcano, Esq., EMT-P
Submitted By: Philip Hayes (phayes)

Legal Lines: Fraud and the Medical Provider

Legal Lines Fraud has been a significant news topic recently with the revelations of the Enron case and its auditors at Arthur Anderson. While this case appears to be an exceptionally large example, fraud is committed every day in various degrees and amounts of money. Most EMS providers have no accounting background and are ill-trained to detect fraud. However, there are some basic measures which can be enacted to detect fraud within an EMS agency. Check out Jim Carcano's article to find out what you can do!
Author: James Carcano, Esq., EMT-P
Submitted By: Philip Hayes (phayes)

Legal Lines: Child Abuse Mandated Reporting: A Good Idea?

Legal Lines Recently, New York State amended its statutory law to require all EMS personnel to report cases of suspected child abuse or neglect. While well-intentioned, this new mandate is fraught with perils and may actually be a bad idea.
Author: James Carcano, Esq., EMT-P
Submitted By: Philip Hayes (phayes)

LegalLines: Salt Lake City Winter Olympics 2002: The NBC show you didn’t see on NBC!

Legal Lines Last month, I took a short respite from my regular LegalLines column to attend the Winter Olympics in Salt Lake City as part of the National Disaster Medical System’s (NDMS) deployment to the Winter Games. This month, instead of writing about legal issues, I offer a behind-the-scenes look at the Federal response to this event.
Author: James Carcano, Esq., EMT-P
Submitted By: Philip Hayes (phayes)

Legal Lines: The 'ABCDs' of Documenting Endotracheal Tube Placement

Legal Lines Q: What is one of the biggest reasons for negligence claims against paramedics? A: Unrecognized Esophageal Intubation. This month's Legal Lines will show the practicing paramedic some assessment and documentation strategies to help protect him or herself from becoming a defendant in an unrecognized esophageal intubation negligence claim.
Author: Colleen M Hayes, MBA, RN, EMT-P
Submitted By: Philip Hayes (phayes)

Legal Lines: 'Speed Kills: Driving Liability'

Legal Lines As in my past articles on patient restraint and report writing, emergency vehicle driving training programs encompass another area which is woefully neglected in our profession. Unquestionably, this is a potential powder-keg of liability. This month's 'Legal Lines' discusses the legal and risk issues that can occur when the proper balance between the two goals of rapid response and safe response are not met.
Author: James Carcano, Esq., EMT-P
Submitted By: Philip Hayes (phayes)

Legal Lines: Effective Report Writing, Part 2

Legal Lines In last month’s article, Jim Carcano discussed the purpose and usefulness of a properly written run report. This month, he will describe the essential elements of crafting this document.
Author: James R. Carcano, Esq., EMT-P
Submitted By: Philip Hayes (phayes)

Legal Lines: Effective Report Writing, Part 1

Legal Lines During our careers, the one phrase we hear over and over is that the run report is a “legal document.” Unfortunately, we are never sufficiently told why this is relevant or even what a “legal document” really is. This article presents the legal reasons why writing an effective report is so essential and next month, Part 2 will present practical methods for writing effective reports.
Author: James R. Carcano, Esq., EMT-P
Submitted By: Philip Hayes (phayes)

Legal Lines: 'Justice in the Aftermath of the World Trade Center'

Legal Lines September 11, 2001 is forever etched in the history of this great nation. As time went by, the rally cry changed to the “pursuit of justice.” President Bush’s address to Congress made this clear when he proclaimed: “Whether we bring our enemies to justice or bring justice to our enemies, justice will be done.” Juxtaposed with this assertion was the remark that “freedom and fear are at war.” The difficulty this nation now faces is defining justice in this case of unprecedented loss of civilian life.
Author: James R. Carcano, Esq., EMT-P
Submitted By: Philip Hayes (phayes)

Legal Lines: 'Determining Competency'

Legal Lines Quite often the medical provider confronts this difficult situation: an adult patient who the provider knows must be taken to a hospital yet the patient refuses to go. Examples of this abound within the elderly and the homeless population. What makes this situation more complicated is that the patient is conscious, alert, and oriented to person, place and time while at the same time requiring medical care. This article will discuss the issue of competency and provide suggestions for handling this common, difficult scenario.
Author: James R. Carcano, Esq., EMT-P
Submitted By: Philip Hayes (phayes)

LegalLines: 'Exercising Restraint'

Legal Lines My first EMT class breezed through the chapter on restraints in a matter of minutes. I do remember, however, being told not to carry handcuffs. In paramedic school, our instructors never even touched the subject of patient restraint. Let’s face facts however. Many EMS providers are ill-prepared to properly use patient restraint techniques.In the area of patient restraint, our training and skills are lacking. On the job experience may be a good teacher in the long run, but what about the present? Improper patient restraint can lead to death or serious injury to the patient. It can also lead to injury and legal liability for the provider.
Author: James R. Carcano, Esq., EMT-P
Submitted By: Philip Hayes (phayes)

Legal Lines: Basics of Medical Malpractice-Part 2

Legal Lines Last month’s article introduced the four aspects of medical malpractice: duty, breach, causation, and damages. Using illustrative examples, the concepts of duty and breach were examined and explained. This month we conclude with a discussion of causation and damages.
Author: James R. Carcano, Esq., EMT-P
Submitted By: Philip Hayes (phayes)