MAR
21

Episode 5: Vitamin K (Legally!)

Standard of Care Podcast


 

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Episode 5: Vitamin K (Legally!)

On this episode of the Standard of Care Podcast, Nick and Samantha examine the legal issues of the Elijah McClain case in Colorado. Mr. McClain’s tragic death – and other situations like his - has led politicians to call for bans on the use of ketamine. We look at how Mr. McClain’s lawyers tell his story and what claims they bring against Aurora Fire and its medical director. This case has important lessons for crews, supervision, and medical directors. How can you protect your patient, yourself, and your agency when you encounter these scenes? Please like, comment, and subscribe!

Note: This episode was created before the City of Aurora released the independent investigation report, but we have added the report to the links.

 

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Show Notes / Links

Estate of Elijah Javon McClain, by and through its personal representatives Sheneen McClain and Lawayne Mosley; Sheneen McClain, individually; Lawayne Mosley, individually; v. City of
Aurora, Colorado, et al., Civil Action No. 20-cv-2389-DDD-NRN, United States District Court for
the District of Colorado, Amended Complaint, January 20, 2021


Dickerson, John. "Excited Delirium: The controversial syndrome that can be used to protect police from misconduct charges". CBS 60 Minutes. Retrieved December 20, 2020.

Gliha, L. J. (August 14, 2020) Aurora hiring more people for independent Elijah McClain investigation. KDVR. Retrieved from https://kdvr.com/news/aurora-hiring-more-people-forindependent-elijah-mcclain-investigation/

Smith, J., Costello, M., MD, & Villaseñor, R. (February 22, 2021). Investigation Report and
Recommendations, available at
https://www.auroragov.org/UserFiles/Servers/Server_1881137/File/News%20Items/Investigation%20Report%20and%20Recommendations%20(FINAL).pdf

0
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/

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