Paramedic liability in the case of medico legal

action
The patient has demonstrated capacity, and therefore is able to give or refuse
consent to treatment. Undue influence from the nursing staff and her son may
impact on the decision, so that it is not entirely autonomous. Similarly, it is not
the paramedic’s job to convince the patient either way. The paramedic should
ensure that sufficient information is given to the patient to allow her to come
to her own decision-enabling autonomy. The principle of justice may be
considered by the paramedic; would calling an ambulance to convey this
patient remove the resource from others who may need it more or would
leaving an unwell patient at the nursing home divert the attentions of the
nursing staff away from their other patients? Nonmaleficence may also be
considered; would conveying this patient to hospital expose them to potential
risks from infection or bed sores which would not develop if she were to
remain at the nursing home? What course of action would be the most
beneficial for the patient? A consideration of beneficence may mean that that
the paramedic considers contacting an out of hours service rather than waiting
for the patient’s own GP. The legal perspective As the patient has
demonstrated capacity, the paramedic cannot remove her to hospital against
her will, regardless of the wishes of the patient’s family or the nursing staff; to
do so would constitute an assault.