Abandonment?

M4st3rkr0n

M4st3rkr0n

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I was just wondering say I come across a car accident and I stop to assist and while I am treating the PT local law enforcement shows up and takes control of the scene and radios for EMS then requests that I leave the scene telling me that he will take over until local EMS arrive. Would it be abandonment if I followed the officer's orders or Should I assist to remain until local EMS arrives.
 
First rule is generally to listen to police officers. You should be sure that the police officer knows that you are an EMT and that you would like to continue patient care until relieved by another EMT. I think you'd be pretty safe in court if you said "I was ordered by a uniformed police officer to do something and I followed those orders." But I'm not a lawyer.

Also be aware that it's not abandonment if the people aren't "patients." Ie you find an accident and no one is hurt, or they are refusing medical care.

I actually had a similar situation happen to me, I found an accident. The cop who showed up said he could handle it from there. Turns out the cop was also an EMT (and there were minimal injuries) so I left.
 
tnx that answered my question
 
Are you on duty? If not, not abandonment.

Abandonment requires a duty to respond, among other things.
 
Searching online it seems that duty to act is needed for malpractice, where abandonment

" is the unilateral termination of a provider/patient relationship when the patient still needs care, but provision is not made for that care and an injury results. Refusal to transport a patient or talking a patient out of being transported to a hospital is an invitation for an abandonment claim."

http://www.iaff.org/tech/PDF/Monograph3.pdf

So if you are off duty you don't have a duty to respond, but I think most courts would argue that if you walk up to someone and say "hi, I'm an EMT/paramedic" then you've assumed care of the patient. And need to continue that care until you can turn it over to someone else or you have to leave for safety.

Again, I'm not a lawyer. But I would find some source applying to your state before you decide that you can walk away from a patient that you start treating while off duty. The safest thing is to assume you have to continue care unless you have a compelling reason to leave like an officer telling you you will be arrested if you don't go.
 
When off duty you are helping as a Good Samaritan not as an EMT and you have no obligation or duty to stay. That only applies to basic first aid so if you are a whacker and pull out your jump bag and start doing procedures then you are no longer acting as a Good Samaritan and could potentially be liable for abandonment.
 
California at least did have laws about layperson abandonment, on the grounds that although you're not obliged to stop, if you do you may preclude others from stopping (they see that you're already there), so if you then bounce frivolously because you saw that the McRib is back you can have liability.

That, at least, is what they taught many years ago. Never actually checked on this.
 
Linuss said:
Are you on duty? If not, not abandonment.

Abandonment requires a duty to respond, among other things.
Click to expand...

What he said.
 
If the cop orders you to leave, leave. No problems there. You were under no obligation to continue to provide care over the objections of law enforcement. Your safety includes not getting arrested.
 
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