paramedic accountability in Canada

harold1981

Forum Lieutenant
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I work in Europe and I am trying to understand how legal accountability works in paramedic practice in Canada. I´ve read about the laws, but how are they applied to these (common) situations, and how would you resolve these cases:

1. Physically or chemically restraining a combative patient (assault?)
2. Sedating an anxious patient (assault?)
3. Failing to prevent the fall of a heavy patient during transfer to the stretcher (negligence?)
4. A heavy patient falls off the stretcher or the stretcher flips over with the patient strapped to it (malfeasance? negligence?)
5. Someone appears to be competent, but family states that his behaviour is out of charachter, aggressive and irrational and that ´something is wrong´. Transporting this patient, while he is refusing care (battery, false imprisonment?)
6. Failure to monitor, immobilize or insert an IV into a combative patient (negligence?)
7. A (Intoxicated) patient refuses to sign a release of liability. (negligence, abandonment?)
8. First unit at a MVC. After a quick triage you focus on the patient that you believe has the most need for immediate attention, therefore unable to assess the second patient. Can this second patient claim abandonment or negligence?
9. An alcohol-intoxicated patient does not need medical treatment and is released. He walks off, falls and gets injured. Can he claim abandonment?
10. A patient, believed to have auto-intoxicated with medication, denies the act and refuses assessement and transport. Does he stay behind?
11. An ACP delegates transportation of a patient, only needing BLS, to a PCP-unit (abandonment?)
12. Is a wrong working diagnosis and treating accordingly an act of misfeasance? For example treating a pneumonia instead of CHF?
13. A patient is treated for a fall at lunchtime and is released. Later that evening the same patient is transported with a CVA (abandonment?)
 

Summit

Critical Crazy
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I don't know about Canada.

In the US, you can sue almost anyone for almost anything... but that doesn't mean you can usually win.
 

cprted

Forum Captain
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I'm not completely sure what you're specifically asking, but these things come down to reasonableness. Did you take a reasonable course of action based on the best information available to you at the time? Did you do everything that was reasonable to ensure patient safety? Did you do a thorough assessment and document everything well?
 

TrueNorthMedic

Forum Crew Member
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I work in Saskatchewan, Canada. In this province we have our own regulatory body called the Saskatchewan College of Paramedics. They are in charge of setting our protocols as well as making sure we are held accountable as paramedics for our actions and patient care. If a patient or patients family member were to register a complaint due to one of the reasons you mentioned above, the College of Paramedics would investigate the incident. A hearing could be set up and if the provider was found guilty of negligence, etc...., we could be fined, and our paramedic license could be suspended or revoked by the College. If a provincial or federal law was broken by the paramedic, then of course the matter would be taken before the federal or provincial court.
However, for a paramedic to be charged with negligence or battery, etc... it would have to be proven that harm did come to the patient as a direct result of the paramedics action, or inaction.
Things may vary from province to province.
Did you take a reasonable course of action based on the best information available to you at the time? Did you do everything that was reasonable to ensure patient safety? Did you do a thorough assessment and document everything well?
Do this stuff and your pretty much covered.
 

usalsfyre

You have my stapler
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I'm fairly certain you would need to consult a lawyer and get an official accounting of what happened. This sounds way too much like legal fishing.
 
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harold1981

Forum Lieutenant
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usalsfyre, I am trying to understand how these things work on your side of the pond, as I go through the books for the COPR-licensing exam. Nothing more, nothing less. No need to be so paranoid mate.
 
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