Intoxicated refusals w/ trauma

WyMedic

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How do you guys handle these calls? such as Intoxicated individual, able to walk but with an unsteady gait, slurred speech. Definitely drunk unknown number of drinks, bystanders report that he was in a fight where he was kicked in the head repeatedly noted to have a 2cm laceration to the front of his head above his R eye very adamant that he is not going to the hospital despite encouragement from his friends, PD and EMS. AAO x 4, although not able to recall what bar he is at consistently (so, is he really AAO x 4?), but otherwise knows the city and state.

Our protocol states that if they are intoxicated with associated trauma they "must" be transported to the ED, although we have the option to contact medical control for a refusal. The above scenario is very specific because it relates to a call I went on, this person was transported as he eventually consented, but in general how do other providers handle this? how hard do you push these people to go to the ED if they are refusing? what criteria are you using to determine if they have "decision making capacity," particularly when they are intoxicated, as the protocol states that they must have to refuse care? It seems that when I have taken these people to the ED they commonly sign out AMA, as the ED seems to take the approach that if they can hold the pen and sign the AMA form they can sign out. But frankly I can't seem to get a good answer from any of my superiors as to the best way to handle these calls.


One of the problems that I think that I encounter with these is determining their decision making capacity, it's defined in the protocol as an ability to; know the risks of refusing, understand those risks, and still refuse given that. I've gone the route of telling them the risks that i believe are associated with the condition with the obligatory "you might die" speech, having them explain that back to me, and question them again about their desire to refuse care, but things get gray when they are intoxicated in terms of their understanding. What is more of a liability? Taking them to the hospital against their will if they are intoxicated, or signing them out even with doubts about their decision making capacity?

I feel like a big answer here is going to be "call medical control" while I have done that in the past, i work in a small system and frankly the ED physicians on duty are not at all familiar with our protocol, and as you all know I'm sure it can be challenging to paint an accurate picture on the phone with the ED physician as to their level of intoxication and demeanor.

I know that was a long post, but thanks for any input!
 

EpiEMS

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I agree with @Remi. Medical control is the way to go. PD can be a useful tool to engage, but it sounds like they weren't able to help this time around.


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Carlos Danger

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I am generally a big fan of erring on the side of individual autonomy and responsibility. Unlike many paramedics, I do not view a patient as being "in my custody unless they can convince me to release them". Especially if they didn't call me themselves. This holds true even if they've had a few drinks, and even when they might actually be sick. A person refusing care that we don't think they should refuse is not grounds for a loss of agency, nor is the consumption of alcohol.

You don't want care or transport from me? OK. I really think you should be evaluated by a physician because you might have X and therefore Y could happen. Still don't want to go? Sure. No problem. Would you mind signing here? Yes you would mind? OK. Call us back if you need us. Take care, bye. Thoroughly document. Back in service. I'm not going to spend half a day trying to harass someone into a transport that they don't want. Similarly, I'm not at all a fan of having patients arrested in order to transport them against their will. I think in many cases that amounts to an abuse of power.

However, all that said.....when you have a patient who is both clearly intoxicated AND has the mechanism for a serious TBI, you have one of the few scenarios where I do think the patient needs to be transported, even if against their will. There is just too much chance that they have a potentially life threatening injury AND are not able to comprehend the ramifications of their decision. I'd really rather not get police involved in any case, but I will if I have to. If police won't do anything and I can't convince the patient to go, call MC and put the responsibility on them.
 
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WyMedic

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I am generally a big fan of erring on the side of individual autonomy and responsibility. Unlike many paramedics, I do not view a patient as being "in my custody unless they can convince me to release them". Especially if they didn't call me themselves. This holds true even if they've had a few drinks, and even when they might actually be sick. A person refusing care that we don't think they should refuse is not grounds for a loss of agency, nor is the consumption of alcohol.

You don't want care or transport from me? OK. I really think you should be evaluated by a physician because you might have X and therefore Y could happen. Still don't want to go? Sure. No problem. Would you mind signing here? Yes you would mind? OK. Call us back if you need us. Take care, bye. Thoroughly document. Back in service. I'm not going to spend half a day trying to harass someone into a transport that they don't want. Similarly, I'm not at all a fan of having patients arrested in order to transport them against their will. I think in many cases that amounts to an abuse of power.

However, all that said.....when you have a patient who is both clearly intoxicated AND has the mechanism for a serious TBI, you have one of the few scenarios where I do think the patient needs to be transported, even if against their will. There is just too much chance that they have a potentially life threatening injury AND are not able to comprehend the ramifications of their decision. I'd really rather not get police involved in any case, but I will if I have to. If police won't do anything and I can't convince the patient to go, call MC and put the responsibility on them.

I appreciate the reply, I think that I overanalyze refusals sometimes and have the your in my custody approach sometimes when maybe it's not necessary, it's something that i am going to work on. It just gets so hairy taking someone legitimately against their will, I can't help but think about the liability of taking someone when they legitimately do not wish to go, but I also very much agree that there are frequently legitimate questions about their ability to make decisions that needs to be addressed, How does the law view these situations? It seems that we are frequently taught to error on the side of transport but is that as much of a liability as allowing someone to sign a refusal when they are altered?

These things kill me, sometimes I feel like i am going to be held responsible for someone's bad decision when they were intoxicated because I didn't transport them against their will. Alternatively allowing them to sign out when there is a questions about their mental status leaves me just as liable. This is the scenario I think of when I analyze this. Hypothetically if I get drunk and kill someone with my car, i'm still held responsible for that decision regardless of how intoxicated I was, there is no "he was too intoxicated to make decisions therefore he is not responsible for his decisions" in this scenario. Alternatively, if I am very intoxicated and refuse medical care, it land on the hands of the EMS personnel to make that decision for me in my best interest if there is any questions of my mental status. I feel like it's a double standard sometimes.
 

Kuhnz350

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I recently had a scenario similar to this so I know the thought process. Personally in my opinion, refusals suck. Many people seem to glamorize them as easier to do opposed to having to transport but I see them as just as much work, if more, from a documentation standpoint. You have to be sure your refusals are on point to avoid any issues later, I would personally just rather transport. As for the issue at hand, its like a big gray area that nobody wants to talk about. Opinions regarding capacity to refuse vary so much between providers that establishing a set of guidelines is difficult and sometimes I feel as though it is just taking a huge risk. What I personally try to do is ask repeatedly and explain to them in detail why you believe they should go. Some people will consent once they realize you may think something can be wrong. If they don't, investigate everything. Can they walk on their own? Slurred speech? Smell of alcohol? Any obvious injuries? Ask plenty of questions and see how they answer. Tell them what exactly they are refusing and have them repeat that statement to you. If they answer some questions incorrect or can't repeat what they are refusing, maybe its time to contact command to cover yourself. Consuming alcohol doesn't necessarily mean they can't refuse, I can have several drinks and still know exactly what is going on around me.

I'm sorry I couldn't have a concrete answer, but from my experience their is no concrete answer. Everyone is different, provider and patient alike, so it's near impossible to establish a set of consent while intoxicated guidelines and have them work for everyone. It all comes down to judgement, which sometimes is a pain and stressful to deal with.
 

GMCmedic

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Unlike most EMS professionals I dont really believe that refusals carry as much liability as people would lead you to believe. Dont want to go? Ok, you could die, still dont want to go and your CAOx4. See ya.

Intoxication with any trauma are a little tougher. If theyre CAOx4 they can refuse. Determining if they have the capacity to refuse? Subjective at best. You can throw it on med control but what if the Doctor tells you they cant refuse? The Doctor has no legal authority and youre no better off than you were before.

Situations like these are best dealt with on a case by case basis and unfortunately there is no clear answer.

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WyMedic

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I recently had a scenario similar to this so I know the thought process. Personally in my opinion, refusals suck. Many people seem to glamorize them as easier to do opposed to having to transport but I see them as just as much work, if more, from a documentation standpoint. You have to be sure your refusals are on point to avoid any issues later, I would personally just rather transport. As for the issue at hand, its like a big gray area that nobody wants to talk about. Opinions regarding capacity to refuse vary so much between providers that establishing a set of guidelines is difficult and sometimes I feel as though it is just taking a huge risk. What I personally try to do is ask repeatedly and explain to them in detail why you believe they should go. Some people will consent once they realize you may think something can be wrong. If they don't, investigate everything. Can they walk on their own? Slurred speech? Smell of alcohol? Any obvious injuries? Ask plenty of questions and see how they answer. Tell them what exactly they are refusing and have them repeat that statement to you. If they answer some questions incorrect or can't repeat what they are refusing, maybe its time to contact command to cover yourself. Consuming alcohol doesn't necessarily mean they can't refuse, I can have several drinks and still know exactly what is going on around me.

I'm sorry I couldn't have a concrete answer, but from my experience their is no concrete answer. Everyone is different, provider and patient alike, so it's near impossible to establish a set of consent while intoxicated guidelines and have them work for everyone. It all comes down to judgement, which sometimes is a pain and stressful to deal with.
Well I'm glad that I'm not the only one that thinks that way and I'm also glad that other people seem to have the same issues with these that I have.

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captaindepth

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One thing I always remember is from a meeting with my medical director before I completed the field training problem, he reminded me to always to what is in the patients best interest. He told me that if just always keep that in mind that it would avoid a lot of potential trouble down the road.

Do I work with the notion "you call, we haul," no. Am I ok with patients making informed decisions for themselves, even if that includes refusing my care, of course. In regards to the specific scenario posted in the OP, I see that as a no brainer and the patient has no ability to refuse care in his current state. For the broader topic of refusing care while intoxicated is a little bit more tricky but again I error on the side of transport (or DETOX if the patient is an appropriate candidate) and the patients best interest. If someone has an unsteady gate due to acute intoxication there is no way I'm going to let them "walk" away. I have tried and watched dudes almost fall into traffic. If you cant walk then you are going to go somewhere (ED or Detox). If there is any associated trauma with the event, especially witnessed head trauma, then you are going to an appropriate level trauma center. I have a hard time believing a patient displaying signs of clinical intoxication has the ability to make an informed decision to refuse care. If someone is ataxic, has slurred speech, nystagmus, and an acute medical/trauma complaint then I don't believe the have the ability to understand the risks of refusing care and the potential risks of being released.

If I have to defend my decisions regarding an intoxicated individual wanting to refuse care, I would rather defend myself taking the patient an appropriate facility for a full evaluation then letting the patient stumble off in a drunken/beaten state.

Refusals deserve a full physical assessment, V/S, mental status assessment, secondary assessment,risks of potential injuries/illness, explanation of the services myself and the hospital can provide and in a timely manor, risks of refusing my or the hospital services, follow up instructions, and finally explaining the release of liability for EMS. If the pt is able to participate and understand and the entire process then they can refuse. I think it's worth taking your time on your time on refusals and don't hesitate to contact base medical control.
 

NomadicMedic

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Unlike most EMS professionals I dont really believe that refusals carry as much liability as people would lead you to believe. Dont want to go? Ok, you could die, still dont want to go and your CAOx4. See ya.

Ya know, I was going to jump in and state my case on how dangerous I believe refusals to be ... but I realized that if you don't seem to think refusals are a big deal, nothing I'm going to say is going to change your mind.

But maybe this will: One study found that in 85 cases where paramedics felt ED transport was unnecessary, 27 (32%) met criteria for ED treatment, including 15 (18%) who were admitted and five (6%) who were admitted to an ICU

http://gatheringofeagles.us/2010/Presentations/Eckstein - Mandatory Transport.pdf

And there's this: A substantial proportion of patients refusing transport do not recall receiving verbal or written instructions and would reconsider their transport decision, raising doubts about people's ability to make informed decisions at a time of great vulnerability. The majority of patients accessed health care after refusing transport and 6% were hospitalized.

http://onlinelibrary.wiley.com/doi/10.1111/j.1553-2712.1998.tb02506.x/epdf
 

GMCmedic

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Ya know, I was going to jump in and state my case on how dangerous I believe refusals to be ... but I realized that if you don't seem to think refusals are a big deal, nothing I'm going to say is going to change your mind.

But maybe this will: One study found that in 85 cases where paramedics felt ED transport was unnecessary, 27 (32%) met criteria for ED treatment, including 15 (18%) who were admitted and five (6%) who were admitted to an ICU

http://gatheringofeagles.us/2010/Presentations/Eckstein - Mandatory Transport.pdf

And there's this: A substantial proportion of patients refusing transport do not recall receiving verbal or written instructions and would reconsider their transport decision, raising doubts about people's ability to make informed decisions at a time of great vulnerability. The majority of patients accessed health care after refusing transport and 6% were hospitalized.

http://onlinelibrary.wiley.com/doi/10.1111/j.1553-2712.1998.tb02506.x/epdf

From a liability stand point I dont think they are a big deal, but like was said above, im not going to spend an hour convincing you to go. Ill make a reasonable effort, advise them of the risks, evaluate their v/s etc etc. I rarely will call med control because the doctor is either going to tell me to let them refuse, or to transport, the latter of which I still cant do.

Further, I will never tell a patient that transport is unnecessary because A. That is a liability issue, and B. I am well aware that paramedics are not good at determining that.

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E tank

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When you guys do your CE stuff are there not robust offerings of medical-legal presentations by med-mal atty's? This is as about as common a problem as they come and should pack an audience in with horror stories of "refusals gone bad". Very popular in anesthesia/surgery circles ;D
 

GMCmedic

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There is pretty well 0 instruction on legal aspects here. The president of the state EMS commission might give some education the his employees but his answer changes weekly

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captaindepth

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From a liability stand point I dont think they are a big deal, but like was said above, im not going to spend an hour convincing you to go. Ill make a reasonable effort, advise them of the risks, evaluate their v/s etc etc. I rarely will call med control because the doctor is either going to tell me to let them refuse, or to transport, the latter of which I still cant do.

Sketchy.
 

captaindepth

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Well, honestly, all of it.

Refusals are one of our biggest liabilities and they need to be rock solid and able to be defended.

"I'll make a reasonable effort..." does not sound like a good way to defend the above point ^^^

"I rarely will call med control because..." again, IMO, not a good path to go down. Base medical control is another way we can protect ourselves in higher risk refusals. It shouldn't be looked at as an annoyance but another resource and protection for us in the field.

It seems like a pretty nonchalant attitude toward one of the riskier things we do on a regular basis.
 
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WyMedic

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Well, honestly, all of it.

Refusals are one of our biggest liabilities and they need to be rock solid and able to be defended.

"I'll make a reasonable effort..." does not sound like a good way to defend the above point ^^^

"I rarely will call med control because..." again, IMO, not a good path to go down. Base medical control is another way we can protect ourselves in higher risk refusals. It shouldn't be looked at as an annoyance but another resource and protection for us in the field.

It seems like a pretty nonchalant attitude toward one of the riskier things we do on a regular basis.

I totally agree that med control should be looked at as a resource, and I think that in a lot of systems it works that way. In cases like this though I definitely get the vibe from med control that I am being nothing more than an nuisance. Particularly when the conversation goes along the lines of "Is he AAO?" "Yes, but very intoxicated and..." "Then he can sign out" Maybe some of you have medical control physicians that are more thorough than that but some of mine are not. Also, what are we doing with this other than passing the liability football? I can do my best to pain a clear picture of the patient to to the physician but the responsibility ultimately lies on me to make the decision, or at least accurately provide the physician with the patient presentation so that he can make that decision.
 

GMCmedic

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Well, honestly, all of it.

Refusals are one of our biggest liabilities and they need to be rock solid and able to be defended.

"I'll make a reasonable effort..." does not sound like a good way to defend the above point ^^^

"I rarely will call med control because..." again, IMO, not a good path to go down. Base medical control is another way we can protect ourselves in higher risk refusals. It shouldn't be looked at as an annoyance but another resource and protection for us in the field.

It seems like a pretty nonchalant attitude toward one of the riskier things we do on a regular basis.
Ill disagree on the liabilities again. Nearly every case I saw in a quick Google search was negligent medics that refused transport and/or did something stupid like told a patient they didn't need to go to a hospital. Which again, I am well aware that studies have shown as paramedics we suck at that.

Reasonable effort is short for, ill do the necessary assessment in the patients best interest and advise them of the benefits of an evaluation by a Physician as well as risks of refusal up to and including death. I will also advise then to read the refusal form that repeats all of that and get a witness signature from a fried, relative, or PD, but I'm not going to sit there for an hour arguing with a comoetent adult about what is best for them.

There was a time when we had to call med control for refusals on hypoglycemic patients after administering D10. Every single time I called I was told they weren't comfortable allowing me to accept a refusal on a patient they have not personally assessed. That puts me in a position of accepting a refusal against the Doctor's advice or kidnapping. Suggesting kidnapping in no way protects me, Ill take my chances on my own in MOST cases.

Don't interpret that just because I don't accept that every refusal is a giant liability doesn't mean I don't do what I believe is right for that particular patient at that time, kidnapping excluded.



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captaindepth

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@WyMedic Passing on the liability football is exactly what we are doing and thats the whole point. I work under my medical directors license and have an approved scope of practice/protocols. When I get to the edge of those protocols or scope of practice I call medical control to document it and it's no different with refusals. I want medical control to have the responsibility of the refusal. My job is to accurately explain the patients condition, mental status, my exam findings, and the patients ability to refuse care. When the patient is sober, competent, understands the risks, and wants to refuse care, the base physician can't do anything to "make" them get transported by ambulance. They can huff and puff all they want but if the patient says "no" than a base cleared AMA refusal it is, and documented as such.
 
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