Medical Legal Cases Pertaining EMS - Research Paper Example

? Medical Legal Cases Pertaining EMS Background Death by train In Los Angeles County, the investigator in the field alerted the medical examiner who is referred to as coroner’s investigator. The officer assigned the case quickly went to the scene. Upon arrive he made contact with the lead homicide detective and received vital information relating to death. The train engineer said he was moving toward the wets side of Los Angeles when he noticed somebody on the railroad tracks. This occurred at dawn and the weather was cool and dry. The engineer said he saw the person clearly and sounded the horn severally but the person did not attempt to move out of the tracks. He activated the emergency brakes and dropping sand on the trail to avoid hitting the person. This was all in vain because he watched person was crashed. When the train came to a stop the individual was discovered under one of the freight cars several meters away from the engine. The same day a woman went to the sheriff’s office to report his missing son. She reported that her son was at home when she went to bed but in the morning when she had disappeared. This was unusual behavior of the son and she was very concerned. She was concerned because her son told her they fought with his high school girl friend that evening and she ended the relationship. Her worries were that his sons ran from home to deal with his emotional problems. Missing person report is taken seriously unlike past years where people were told to wait for 24 hours. The law currently demands the filling of a missing person report. The officer assigned the missing juvenile report remembered the incident from that morning briefing. He rang the medical examiner and concluded the possibility of suicide victim to be the missing juvenile reported by the woman. The information provided by the woman closely matched the physical characteristics and the clothes worn by the victim at the train incident. The detective and the medical officer decided to meet at his office and discuss the confirmation of the identity and notifying the mother of the death. California law gives the medical officer the mandate to make death notification when the death is under jurisdiction of his office. Different professionals depending on the law of the state can make death notification. Some jurisdiction handles death notification by sending a police officer or a clergy. The medical officer in charge and the detective decided the best action is to wait until the mother gets home from work and show him a photograph taken at the scene. Identification of unknown person is done through fingerprints passed through FBI database or automated fingerprint identification system. Identification is also done by showing a facial photograph of the decedent from the scene. Both of the officers contacted the local chaplain who agreed to accompany them at the mother’s home. One of the challenging assignments in medico legal department is making identification and confirming to the surviving family. This is an emotional environment and it is difficult for many professionals. It is advised that two professionals make the notification and a family support member to be present during time of notification. The case concluded with a finding of suicide in connection of actions observed by the train engineer and the break up with the girl friend and her mother’s statement on his emotional state. The issue It was in the morning hours in Los Angeles when the medical examiner phone started ringing. In California, all sudden and unexpected deaths should be reported to medical examiner during discovery. On the phone, a county Sherriff reported a suicidal death caused by a train. The information from the sheriff was sketchy even though the coroner’s office requires substantial information. More information was obtained from field officers for giving a complete report of the death. The sex of the victim was in question due to the traumatic damage caused by the slow moving train. California law states that only the medical examiner is can touch the body of the decedent until it is established it can be addressed as a reportable case to coroner’s office. Examination of whether the body has signs of life is excluded. After death is pronounced then medical examiner has full authority of the body along with the evidence and property that connects to the death. The deputies at the scene could not do much but to cordon the scene with yellow police crime tape. This was done as they waited for detectives and coroner’s investigators to look at the scene. Cases formed during EMS Service. The emergency medical service (EMS) is the first to respond to an emergency, the EMTs are likely to meet more than handful cases of medico-legal cases while in the field, compared to other medical practitioners. Even in an emergency, the patients expect the best service. This EMS Company should have well trained personnel and well equipped machinery, in order to deliver the best care. Majority of the medico- legal cases, against an EMS provider or technician can be traced to faulty machineries. In order to provide quality services the machines and equipment must be in good condition and work with ease. Cases formed from faulty machineries can cause a lot of damage to the EMS provider and the technician as well. Cases studies have shown that many patients suing an EMS provider due to lack of good equipment continue to be the number one reason for medico– legal against EMS providers and their personnel. If the patient calls for an emergency medical service, he or she expects to be taken care by the EMS that responds. The EMTs can also be the reason for a medico- legal case. A patient can be angry at the way the EMT handle his or her case. The cases formed against the EMTs are judged by the way the EMT carries himself throughout the medical ordeal. A patient can be compensated with lots of money due to poor decision making or lack of concentration by the attending EMT. Another factor that can lead to medico- legal cases is the time factor. The response time to a patient might determine if he lives or die. Therefore, when the EMS take a longer time, than expected, to make it to the patient, they might find them self on the wrong side of the law. However, these cases are rare and in many instances, the patient loses to the responding EMTs. The other side of the time factor is that the driver may opt to ignore hospitals close to the patients’ residence and go to a ‘familiar’ hospital. The patient might end up in a bad condition or he might die due to this poor judgment. When saving people live, time is significant. Precautions that the EMS should observe Due to the nature of sensitivity that medico-legal cases have, the EMS has to observe certain precautions. The consent of the patient is crucial. Before performing any medical task on a patient who can make their decisions, their consent is vital. In the case of a medico-legal case patient must give the go ahead in order to have a valid and satisfactory medico-legal report. The findings that the EMS found while investigating the occurrence of the patient injuries may came in handy. However, in the case where the patient refuses to give his consent, the authoritative agencies must have a court order in order to avoid legal fines (Iyer & Appelbaum, 2003). The court may rule to or against his favor, hence the need of a medical practitioner. The EMS can have an effect on the hearing since it was the first one on the scene. Hence, his testimony may be important to determining the outcome of the case (Iyer, & Appelbaum, 2003). Afterwards the medico-legal case can be put in motion if the case went against the patients will. The second precaution is confidentiality. The EMS has to keep the proceedings of the medico-legal case a secret. If it is to consult the name or any other pieces of information, that may make one know who the patient is, must be concealed. The medico-legal cases should be treated with the at most secrecy. The contact between the EMS personnel and the patient should be limited in order to avoid temptations to reveal the proceedings due to sympathy felt for the patient (Iyer & Appelbaum, 2003). Thirdly, the medico-legal report should be taken to the police, after consulting with the patient’s doctor, for preservation purposes. All the it EMS used by the EMS personnel should be properly sealed, labeled, and taken, together with the medico-legal report, to the relative agency. Conclusion In conclusion, many people have benefited from the medico-legal case. People from different backgrounds have seen the benefits of the medico-legal cases and have gradually accepted it. With this acceptance, people are helping in reporting cases that need urgent intervention hence making the living standards safe for all. The work of the police and other legal enforcing agencies are simplified due to the acceptance of the people. People are reporting cases of violence and other misconduct by their fellow mates in the society. It is sad to know that some people go through the in human beating or other ways of torture and are still afraid to report, it unacceptable for an individual to live under the fear of someone and in return cause injuries to themselves. Reference Iyer, P. W., & Appelbaum, S. (2003). Medical-legal aspects of pain and suffering. Tucson, AZ: Lawyers & Judges Pub. Co. Read More