Chapter 1: Mechanics of the Legal System
Components of the Legal System
EMS and the Judiciary
Entering the Judicial System
Determination of Damages
Future Trends in EMS Litigation
Chapter 2: Navigating through a Lawsuit
Case Study
The Anatomy of a Lawsuit
What to Do if You are Named in a Lawsuit
Chapter 3: Duties of the EMS Provider
Legal ABC's of EMS
Duty
Duty to Self
Duty to Partner
Duty to Equipment
Duty to Patient
Ethical Duties
Chapter 4: Patient Rights
Consent
Disclosure of Information
Obtaining Consent
Implied Consent
Refusing Care
Do Not Resuscitate Orders
Health Care Power of Attorney/Living Will
Confidentiality
Chapter 5: Medical Authority/Practice Acts
Medical Practice Acts
Independent Providers
Dependent Providers
Licensure vs. Certification
Scope of Practice
Medical Control
Dealing with Other Physicians On-Scene
Chapter 6: Good Samaritan Laws/Immunities
History of Good Samaritan Laws
Good Samaritan Statutes
Will a Court Really Uphold Immunity for an EMS Provider?
Effects of Immunity
The Future of Immunity
Protecting Immunity and Reducing Liability
Chapter 7: Negligence
Elements of a Negligent Tort
Burden of Proof
Defenses
Gross Negligence and Negligence Per Se
Res Ipsa Loquitor
Causes of Action Under a Negligence Theory
Vicarious Liability
Chapter 8: Intentional Torts
Types of Intentional Torts
Putting It All Together
Punitive Damages
Chapter 9: Criminal Violations
The Criminal System
Types of Criminal Liability
Implications of a Felony Offense
Chapter 10: Due Process and Disciplinary Procedures
EMS and Due Process
What is Due Process?
How Does Due Process Work?
Specific Due Process Provisions
Problems with Due Process
What Can You Do?
Chapter 11: Documentation
Basics of Documentation
Benefits of Proper Documentation
Consequences of Poor Documentation
Rules of Documentation
Dealing with Electronic Documentation Systems
Chapter 12: Insurance
Insurance and Risk
Insurance as a Payor of Health Care
Regulation through Insurance
Insurance as a Protection
Chapter 13: COBRA/EMTALA
A Need for Action
EMTALA Legislation
EMTALA and EMS: Case Studies
Protecting Yourself
Penalties for Violations
Chapter 14: Public Service and Interagency Relationships
EMS Conflict: Public Servant or Medical Provider?
Reporting Requirements
Working with other Agencies
Mutual Aid
Establishing a Chain of Command
