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FEB
03

Episode 4: Nope!

Standard of Care Podcast


 

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Episode 4: Nope!

On this episode of the Standard of Care Podcast, Nick and Samantha discuss one of their favorite topics: patient refusals! We examine why patient refusals are a liability trap - how can providers walk the fine line between respecting patient wishes and ensuring that patients receive proper care? We discuss Nick’s handy acronym “CURED” (capacity, understanding, risks, education, decision/documentation). Making sure your patient is CURED protects you as the provider from liability and ensures that your patient is making an informed decision about refusing care. Please like, comment, and subscribe!

 

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Show Notes / Links

 

Sign Here: A Practioner’s Guide to Patient Refusals. Presentation by Nick Adams and Samantha Johnson at the Vermont Healthcare & EMS Preparedness Conference, 2019.

 

Cases cited in the presentation:

Cruzan v. Director, Missouri Department of Health, 497 U.S. 261, 110 S.Ct. 2841, 111 L.Ed.2d 224 (1990), available at https://www.law.cornell.edu/supremecourt/text/497/261

Estate of Stephanie Stephens v. Geoffrey Mount-Varner, MD and District of Columbia, 2010 CA 007232 (Superior Court, District of Columbia). Copy of complaint available at http://www.firelawblog.com/wp-content/uploads/sites/19/2011/02/stephens-complaint-wrongful-death.pdf

Varone, C. (2010, October 04). Wrongful Death Lawsuit Filed Against DC Fire & EMS Over Toddler's Death. Retrieved November 12, 2020, from http://www.firelawblog.com/2010/10/04/wrongful-death-lawsuit-filed-against-dc-fire-ems-over-toddlers-death/

Nicole Black, as Personal Representative of the Estate of Crystle Marie Galloway, v. Hillsborough County Board of Commissioners, 19-CA-010708 (Circuit Court of the 13th Judicial Circuit in and for Hillsborough County, Florida). Copy of complaint available at http://41af3k34gprx4f6bg12df75i.wpengine.netdna-cdn.com/wp-content/uploads/sites/19/2019/10/Black-v-Hillsborough-County-19-CA-010708_COMPLAINT.pdf

Ms. Galloway’s case settled for 2.75 million: https://www.tampabay.com/news/hillsborough/2020/06/25/hillsborough-okays-275-million-settlement-for-paramedics-inaction-prior-to-womans-death/

Wolfberg, D. (2020, August 19). A case for eliminating patient refusals in EMS. Retrieved November 12, 2020, from https://www.ems1.com/refuse-treatment/articles/a-case-for-eliminating-patient-refusals-in-ems-88CvNJ4EBnohVoc4/

0
DEC
15

Episode 3: Ouchy, That Hurt!

Standard of Care Podcast


 

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Episode 3: Ouchy, That Hurt!

On this episode of the Standard of Care Podcast, Nick and Samantha roll up their sleeves and discuss the legal impacts of the new COVID-19 vaccine on the EMS workforce. Can an employer mandate that employees receive the vaccine? What is the impact on medical accommodations under the Americans with Disabilities Act (ADA) and religious accommodations under Title VII of the Civil Rights Act of 1964? Are employees potentially covered by workers’ compensation if the vaccine causes injuries? Will advances in science change the way that laws are applied? Please like, comment, and subscribe!

 

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Show Notes / Links

EEOC, Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
EEOC, What You Should Know: Workplace Religious Accommodation: https://www.eeoc.gov/laws/guidance/what-you-should-know-workplace-religious-accommodation
EEOC, Pandemic Preparedness in the Workplace and the Americans with Disabilities Act (2009 guidance, updated March 2020 in response to COVID-19): https://www.eeoc.gov/laws/guidance/pandemic-preparedness-workplace-and-americans-disabilities-act
CDC, Roadmap to Implementing Pandemic Influenza Vaccination of Critical Workforce: https://www.cdc.gov/flu/pandemic-resources/pdf/roadmap_panflu.pdf
OSHA, Standard Interpretations, OSHA's position on mandatory flu shots for employees: https://www.osha.gov/laws-regs/standardinterpretations/2009-11-09
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