Pro Bono: Rapidly Evolving Treatment Protocols Can Impact Your Liability

Advances in treatment can impact your liability Over the last few years, many rapidly changing medical advances and treatment methods for managing stroke and cardiac patients have challenged the status quo of traditional treatment, and are impacting how we assess and treat patients in the prehospital setting. Is there an obligation to keep up with these changes and adjust our treatment protocols consistent with these new modalities? Absolutely. In a lawsuit alleging negligence, an essential aspect of the inquiry is to determine the standard of care for that patient situation. Negligence or medical malpractice requires that four conditions be met before the plaintiff can recover damages: 1) duty; 2) breach of duty; 3) harm; and 4) causation. The standard of care is synonymous with the concept of breach of duty. For example, if most healthcare providers treat a stroke or heart attack patient in a particular way, then that practice can be used to define how other reasonable healthcare providers would customarily treat patients in those situations. It becomes the standard. We each have a professional, moral & legal obligation to keep up with advances. Determining Standard of Care In an EMS negligence case, juries determine the standard of care through textbooks, expert witness testimony and established clinical guidelines or treatment protocols. It most frequently comes down to treatment protocols: Are they current and up to da...
Source: JEMS Administration and Leadership - Category: Emergency Medicine Authors: Tags: Columns Administration and Leadership Source Type: news