Law and Ethics as They Relate to Paramedicine - Essay Example

Topic: Law and ethics as they relate to paramedicine Introduction Paramedics are tasked with a challenging role, as they are usually the first on the scene, are required to make critical decisions and are supposed to treat people without any form of prejudice of judgment (Sanders, Lewis, Quick & McKenna, 2012). The role of a paramedic is among the most trusted professions with this respect coming from their ethical and reverential treatment of patients and their families as well as the rest of the public. In order to make sure that this trust continues, it is extremely vital that the present and future paramedics carry themselves in a professional manner while adhering to ethics and laws that govern the profession. Paramedics are covered by case law as well as statute law as there are numerous legislations under which they work varying from those that refer to how they should treat patients who are mentally unwell, to the manner in which they are to use drugs and substances that have been restricted by the law. If a paramedic is found to be negligent, a civil suit can might be filed against him or her for damages or he or she might be charged for assault under the Crimes Act. The work of a paramedic is individual in its characteristic, setting and situation and when pre-hospital care is discussed, there has been an argument that this form of care is exceptional and characterized defined by aspects that have likelihood of giving rise to various ethical conflicts compared to other forms of care. Paramedics experience extreme challenges both physically and mentally on a daily basis but most of the arising issues for them are founded on their legal and ethical responsibilities. These responsibilities predominantly focus on issues of duty of care as far as the patient and the public is concerned, negligence in their practice and how they treat patients, the consent of the patients as well as confidentiality in regard to a patient’s information. In order to decrease the chances of issues arising, paramedics should always practice beneficence as well as non-maleficence while respecting each patient’s right to autonomy and striving for justice, no matter the situation. Law and ethics as they relate to paramedicine Duty of care and negligence Duty of care entails the responsibility an individual has to exercise rational care in regards to the interests of other people, including providing assistance to manage suffering as well as prevention of further suffering by error or omission (Blaber, 2012). The Donoghue versus Stevenson case of 1932 demonstrated duty of care as the main aspect of contention after Donoghue had sued Stephenson consequent to finding a snail in her ginger beer. Donoghue’s suit was successful since Stevenson was ruled to owe her duty of care. Therefore, as professionals with a high level of training in health care, every paramedic should have duty of care in regards to the health and welfare of other people and it should be higher than the duty of care of the public (Nixon, 2013). Founded on the theory of principle-based ethics, paramedics are supposed to practice non-maleficence as well as beneficence in all their activities. This implies that they are required to avoid doing any form of harm and they must demonstrate well doing along with unselfish concerns of the welfare of other people. The ideologies of beneficence and maleficence in regards to duty of care also have an inseparable connection with the principle of justice, in that the paramedics should be fair, impartial and provide appropriate treatment based on what is suitable or owed to the individual. A probable cause of action that may be instigated against an emergency service or its member is an action that alleges negligence, as the absence or presence of duty of care is the main aspect that determines the result of a negligence claim (Guy, 2011). So that the complainant can be successful in his or her claim of negligence, he or she is required to prove three main points, with the first demonstrating that the defendant owed him or her duty of care, which ranges depending on the case based on a broad array of extraneous aspects. If duty of care is identified, proof must be provided showing that the defendant did not practice it and ultimately, it must be demonstrated that the complainant suffered loss or damages as a direct consequence of the actions or omissions of the defendant. In situations where a paramedic is accused of negligence, there are usually numerous aspects that may be used for defense against such claims. It is discovered that there was no duty of care or duty of care was not breached, the defense will typically have an easier time in defending its case (Townsend & Luck, 2013). This also applies where there is no causativeness or injury or if the complainant assumed the involved risks on a voluntary basis. There are also chances of the defense being successful if there were intervening dynamics at the time or on the event that the statute of limitations is past its expiry. Nonetheless, if all these forms of defense fail, the defendant may also be to blame partially and should thus accept to contributing to negligence or joint accountability. Informed consent and confidentiality Even though failing to follow duty of care may result in a paramedic being accused of negligence, failing to obtain informed consent may result in the paramedic being charged with assault or even battery (Beebe & Myers, 2010). For instance, after the Second World War, 16 doctors were prosecuted as they had conducted medical and psychological tests in Nazi concentration camps. The Nuremberg Code was developed as a consequence of the trial of these practitioners to outline the ethical and moral principles for medical research performed on human beings. Subsequently, the aspect of informed consent was included in all forms of medical treatments and became a key component of ethical and legal aspects in contemporary medicine. Informed consent can be defined as the freedom of the patient to be aware about and to refuse treatment. Ethical concerns, choices and actions are supposed to be founded in the beliefs of the patient concerning health and their welfare. The doctrine of common law of informed consent obligates that a person has the liberty to determine what actions should be taken on his or her body and that doctors, nurses or paramedics do not have a capacity to take this right away (Griffiths & Mooney, 2012). In the same manner in which negligence is connected to both non-maleficence and beneficence, the aspect of informed consent is inseparably connected to the moral principle of autonomy. As an independent person, one has the liberty to withhold refuse or give consent to the procedures that will affect his or her body. In the event that a paramedic’s actions go against the wishes of the patient and he or she provides treatment to the patient without their consent, they can be legally charged for assault or battery. Nonetheless, there are circumstances where autonomy may be restricted and this overrides the provision or withholding of the consent of the patient, for instance in the cases where the prevailing circumstance poses a risk to public health or may harm the autonomy of other people, or the circumstance that need resources that are scarce. The obligation of respecting autonomy ends when an individual is considered incompetent to act in an autonomous manner. This may be because of maturity or immaturity notwithstanding the age, mental ailment or temporary incapacitation because of inebriation or medical issues like shock or injuries to the head. When making a decision on the validity of informed consent, five main points must be considered. To begin with, the competence of the patient should be established and if the patient is found to be competent, all the available information concerning the form of treatment to be administered must be made available to the patient. This information must be provided to the patient in a manner that the patient understands, as informed consent will not be binding if the patient is coerced or forced into a specific decision since consent is supposed to be voluntary. The ultimate step is gaining the consent regardless of whether it is verbal, written or implied, for instance when the patient acts in a manner that demonstrates they have given consent. In discussions about confidentiality, consent is also considered as the former is among the most significant and well-established ethical responsibilities as far as health care ethics are concerned. confidentiality as well as privacy are important is maintaining the dignity of the patient and preserving the trust of the public in paramedics (Haskell, 2006). Confidentiality must be executed in observed, oral and written information that is obtained concerning a patient. In contemporary health care, it is usually a challenge to balance respect for the privacy of the patient and confidentiality against a need for additional information or other people’s safety. A breach in confidentiality typically occurs when information is passed to another party without permission or a genuine reason for this action. Nevertheless, protection of confidentiality culminates when public peril starts, such that if holding back information may result in harm to others, confidentiality can be broken. Other circumstances where confidentiality can be broken include when a patient consents to use of his or her information, during emergencies or when third parties have to be protected. Additionally, the confidential information may be passed to another party when the law obligates or in the process of a request for commitment or hospitalization of a patient with mental illness. Each patient that is treated by a paramedic trusts him or her with personal information concerning themselves and in an emergency situation, when the patient is vulnerable as a result of injuries or the illness, staff should be provided with confidential information concerning the patients family and other legal aspects. This information should remain confidential and only the information that is pertinent to the condition of the patient should be provided to the appropriate people who require it. It is not fair and just if the private information of the patient is discussed with other parties who are not responsible for the treatment of the patient. Conclusion Since paramedics are paid professionals, they have a duty of care that entails provision of the best care in terms of the training they went through and the injuries suffered by their patients. This makes it clear that paramedics have a greater duty of care compared to the rest of the public or other volunteer aiders as far as patients are concerned. It is imperative to keep in mind that in the event that the actions of a paramedic are questioned, care is based on the standards of a reasonable paramedic and not a rational professional in emergency medicine. The fact that paramedics are not negligent does not imply that the service that has employed them is not, especially if the paramedics they have employed have achieved training to standards that are acceptable. Non-maleficence as an ethical principle is linked to this, as the paramedics should make sure they do not cause additional harm to the patient while ensuring that the patient is better off compared to when he or she started getting treatment from the paramedic. Paramedic have to deal with a wide array of legal and ethical issues every day and this allows them to avoid or deal with the issues in a manner that will define the simplicity or complexity of this attribute or their jobs and any legal issues that may come up. If paramedics abide by non-maleficence and beneficence practices while sticking by their duty of care, they will be in a position to avoid and defend any accusations concerning negligence. Respecting the freedom of autonomy and justice of a patient is important in controlling issues associated with consent. When a paramedic abides by the rules of consent or evaluates a situation before making a rational judgment that will consider consent pointless or appropriate to break confidentiality, then he or she will be protected by common law if he acts in the best interests of his patient as well as the rest of the public. With the continued increase in the roles of paramedics, legal and ethical challenges in regard to how they make their decisions will also increase. It is imperative that as paramedics experience ethical and legal issues in the future, they will address them professionally in a cultured and appreciative manner while making sure the best interests of the patient remain the priority. References Beebe, R., & Myers, J. (2010). Professional paramedic. Clifton Park, NY: Delmar Cengage Learning. Blaber, A. (2012). Foundations For Paramedic Practice. Maidenhead: McGraw-Hill Education. Griffiths, P., & Mooney, G. (2012). The paramedics guide to research. Maidenhead: McGraw- Hill/Open University Press. Guy, J. (2011). Pharmacology for the prehospital professional. Sudbury: Jones & Bartlett Learning. Haskell, G. (2006). Paramedic. Boston: Jones and Bartlett. Nixon, V. (2013). Professional practice in paramedic, emergency and urgent care. Chichester, West Sussex: Wiley-Blackwell. Sanders, M., Lewis, L., Quick, G., & McKenna, K. (2012). Mosbys paramedic textbook. St. Louis, Mo.: Elsevier/Mosby Jems. Townsend, R., & Luck, M. (2013). Applied paramedic law and ethics Australia and New Zealand. Chatswood, N.S.W.: Elsevier Australia. Read More