I don't think it is as simple as "non-life threatening pain" I think it is more in the realm of would a reasonable person expect care.
Let me complicate the example.
If a teenage baby sitter brings a minor into a healthcare facilty with a nonlife threatening injury or illness, like vomiting, or perhaps a laceration benefical from suturing, etc, and the parents cannot be contacted for whaever reason, we don't bounce those people out the door or make them wait. (Usually it is a grandparent or somebody else without "legal" guardianship other than being a relative)
We use implied consent as cover for what a reasonable person in such a situation would want.
People don't need sutures emergently. People do not often need antibiotics or a prescription for such that moment. They don't even likely need a medical eval.
Not having a complete history is also bogus in my opinion. I often do not have a complete or any history at all. BUt I don't have a seizure and then stop taking care of the patient.
I am also a little unsure about the idea of using pain as a non-life threatening condition delaying an MD evaluation.
How many agencies begin treatment of chest pain on scene? How many of you will not begin treatment of chest pain on scene for the purpose of driving to the hospital first to shorted time to an MD evaluation?
In many cases whether or not that chest pain is life threateneing or not is known after the fact, not when you are treating it.
GO ahead and tell me that if you had an elderly lady complaining of chest pain and the 12 lead didn't show a STEMI that you would sit on your hands until a doctor looked at her and somebody ran a troponin.
Pain is a medical condition unto itself. Without cell damage, there is no pain.
Deciding against treating somebody to the best of one's ability because the patient is "not emegergent" sounds like a an excuse not to get involved raher than a legal question to me.
Certainly it is a half-assed job.
It sounds in this instance it would be better to remove the MD from initial contact and make it an EMS only poperation.
two points -
The first is the cast majority of the time we "Stay and play" on scene with someone after we figure out it is not life threatening is with an adult. I have never tinkered in the back of an ambulance with a 10 year old for the sake of starting an IV or getting a complete patient history, it would simply put me or the other persons working in a bad position.
second -
In the court system you can justify chest pain as possibly life threatening. You can justify shortness of breath as possibly life threatening. You can justify abdominal pain as possibly life threatening. You can justify a headache as possibly life threatening.
But justifying delaying transport to treat pain that you have already ruled out as non life threatening on a minor with no informed consent, that is different...
The more I think about this situation the more I think it is damned if you do damned if you don't. I think you could probably find a judge who would rule against you for not providing "Reasonable" treatment. But I also think you could find a judge who could rule against you for providing "uneccesary" treatment to a minor without informed consent. Crazier things have happened in America
I still think the easy solution is to contact medical control, present the two options for treatment and transport, and throw the decision on him.
I am going to find the discussion we had on age related refusal of treatment in a bit, breakfast time first.