I'll take a crack at this. Hopefully this isn't too disjointed. I'll try to clarify if needed. Sorry for the length.
sleeping bear said:
I thought "wilderness" meant that your medical training was for specific use when outside medical attention was more than two hours away. So a "wilderness" FR wouldn't have the same legal responsibilities in say, Boston, as they might in the middle of the Pemi wilderness because the training is different.
Bottom line this is probably not correct. Your legal responsibility remains the same. Your treatment may be different.
Because you received your “wilderness” certification along with your FR certification I understand how you might get confused. If you look at SOLO’s web page and most other Wilderness “first responder” courses you will see the that the WFR course complies with the DOT First responder course and then gives some extra training to get you the wilderness certification. Most classes that have “first responder” in the title start with the DOT class as a baseline. That means that you are trained as a first responder. There are very clear cut protocols that a FR is supposed to follow. Normally, these protocols assume that you will be near a place that an ambulance will be able to get to you within 10 minutes or less, generally speaking. The wilderness setting is defined, again generally, as one hour or one mile from the trailhead.
As far as legal responsibilities, let me say up front, I am not a lawyer but, we do have some legal training to protect us, our service and the town. I would welcome anyone with other opinions to chime in. If you have started treatment then you have a legal responsibility to act within your scope of practice. That is defined not by your training but actually by state protocol and your medical control doctor. Most of the procedures taught in the first aid SOLO course are not too far outside the standard protocols of most states. Setting splints, controlling bleeding, etc are pretty run of the mill stuff. Other things, such as clearing C-spine, while accepted protocols for paramedics could get a WFR in trouble without a medical control doctor saying to do it if it is not the standard of care for that state. There is no doubt that if the C-spine can be cleared it should be and is even part of some states protocols such as Maine and Alaska and others. Anyone that has been back boarded and collared for 10 minutes I am sure realizes that being boarded and collared for hours could lead to problems that the patient didn’t have to start with. I have been told that there are studies to confirm that. There are also dangers in a carry out to both the patient and the crew doing the carrying that could be avoided if the c-spine can be cleared. Maine has had a (wilderness) protocol to do this for a long time and has never had a bad outcome. New Hampshire has a wilderness protocol in the works but it is not an accepted protocol. I have seen it. It looks excellent but it is only in the discussion stage right now. Of course it should look excellent. Dr Hubbell was involved in creating it. I’ll send it to anyone who is interested. But like I said, it isn’t standard protocol yet to my knowledge.
A little example. You are merrily attending to this patient you found lying on the ground. You did what you were taught in the manner in which you were taught. Get this patient out and alive to the hospital. Good job. Now, his lawyer says you did xyz and it caused abc. These are the questions that are going to be asked. Did you follow state protocol? Who was your medical control doctor? Were you trained to do the procedure that you did? Are you authorized to do the procedure you did? Did you do the procedure correctly? Was the person conscious when you did what you did? Did you get the patients informed consent to do what you did? By the way, did you document everything you did and what you found before and after you did whatever you did?
These are going to be very important questions in the lawsuit. Here is another question, who is representing you? Since you are not affiliated with a hospital or service, you are going to have to pay for your own legal representation. Even if you win, it is going to cost you a fortune and you may not win which is going to cost you even more.
There are basically three levels of legal standards for medical people. This is obviously a simplification but it is reasonably correct to my understanding.
Lowest: Someone trained in first aid only or not trained at all and who renders aid would be covered under the Good Samaritan act. Basically under the GSA in most states in order to prove negligence it must be gross negligence. A reasonable person would have had to know that doing what s/he was doing would result in serious injury or death to the patient. I.e. you yanked out your Leatherman tool and started whacking away doing open heart surgery. Other than that, if you did reasonable things to try to help that person, even if they died because of your actions, you are probably not liable and a lawsuit would be dismissed before it even got started.
Middle: FR’s, EMT’s, Paramedic’s. We are held to a higher level for standard of care. The lawyer must prove that not only did we make a mistake, but that mistake caused the patient harm. We must abide by our state protocols unless directed otherwise by our medical control doctors either by standing orders or online consult.
Highest: Doctors, (I don’t know if nurses fall into the second or third tier, probably second). All a doctor has to do is make a mistake. The person doesn’t have to be injured from it to win a law suit. I suspect that many of these types of lawsuits wouldn’t be brought primarily because the payoff probably isn’t very good if the person wasn’t injured. Don’t forget the medical board that he would also have to talk too as well.
Example: You come across an unconscious person who fell and is bleeding heavily from a laceration on his head. You have always heard that you should stop all bleeding. You heard that the best way to do this is to apply direct pressure. You do this; unfortunately the patient eventually gets to the hospital and dies. Winds up that he had a skull fracture and you pressed bone fragments into his brain and killed him. If you are an untrained person, or trained in first aid only you would probably be covered under the Good Samaritan act and not legally liable. You didn’t do anything grossly negligent so you aren’t responsible. If you are a WFR, you are probably liable. You made a mistake and it probably contributed to his death. As a FR you probably should have known that while scalp injuries can bleed like hell that is not the primary consideration in this case. His possible head and neck injuries are and should have been given due consideration. You might get sued.
There are several things for those trained as a FR to remember. One is that if you are acting to help someone in the city (whether you realize it or not) you are actually a FR (in the legal sense) and have all of the obligations and duties to uphold as any FR (i.e working to the standard of care the state requires) if you put hands on a patient. Second, that doing things not covered in the state protocols out in the wilderness could also open you up to possible legal action if they are determined that they caused injury or exceeded what the state considers your scope of practice. There is another way you could possibly get yourself into trouble. If you have the knowledge to help someone that you don’t use. Yeah, I know. They have it both ways. I have followed many legal wilderness medicine forums and the gist from the lawyers seems to be to do the best that you can for your patient. That is “the easiest” thing for a lawyer to defend. Again, I am referring to the wilderness setting and with states that don’t have wilderness/extended care protocols that you have been trained to do. This doesn’t mean that all the other things were baloney. It is not. There is definite possible legal problems you could run into but if a lawyer has to defend you from a lawsuit from a wilderness injury. You are best served by doing the best you can for your patient as long as you really know what you are doing.
In the wilderness setting and elsewhere. If you are a FR, which again, WFR's are, and you are treating someone you are obliged to turn your patient over to someone of equal or higher training. If you start care on someone and then his brother or some bystander comes along and you decide that you will leave him with that person until the ambulance comes. I am sure that you were taught, that is called abandonment.
Keith