Law and Ethics for Medical Careers 3rd Edition

1
Law and Ethics for Medical Careers 3rd Edition

• Working in /Health Care Professions (2)
• The Court System (3)

2
The Case

• The patient had an asthma attack in her
  apartment early in the morning. She called 911
  and said
• I need help. Im having an asthma attack. I
  think Im going to die. Please help

3
The Case, Continued

• The patient gave the dispatcher her address and
  phone number.
• The operator stated that paramedics were on the
  way, but failed to keep the patient on the line
  as required.

4
The Case, Continued

• The paramedics arrived at the apartment and were
  escorted by a neighbor. The paramedics knocked
  on a few doors, but got no response.
• The paramedics checked with their dispatcher and
  were told they were at the correct address.

5
The Case, Continued

• The neighbor told the paramedics that a young
  couple lived in the apartment and did not appear
  to have any medical problems.
• The paramedics left.

6
The Case, Continued

• Later that afternoon the same paramedics were
  dispatched to the same address.
• The patient was found dead.

7
The Suit

• The family filed claims against
• The city of Chicago and the paramedics
• The 911 operator
• The paramedics

8
The Suit

• The family filed claims against
• The city of Chicago and the paramedics
• The 911 operator
• The paramedics

For willful and wanton conduct under the
Illinois Wrongful Death Act and the Illinois
Survival Act
9
The Suit

• The family filed claims against
• The city of Chicago and the paramedics
• The 911 operator
• The paramedics

For failing to keep the patient on the line until
paramedics responded
10
The Suit

• The family filed claims against
• The city of Chicago and the paramedics
• The 911 operator
• The paramedics

For negligent, willful and wanton conduct for
failing to open an unlocked door that would have
led them to the patients apartment
11
The Courts

• Circuit Court
• Granted the defendants motion to dismiss based
  on immunity under the Emergency Medical Systems
  Act.
• Held that the the plaintiff failed to adequately
  allege the paramedics owed the patient a special
  duty or that they had acted in a willful or
  wanton way.
• Appellate Court
• Upheld the decision of the circuit court.

12
The Courts

• Illinois Supreme Court
• Affirmed the paramedics should be granted
  immunity under the Emergency Medical Services
  Systems Act.
• Reversed that the paramedics may be held
  responsible for willful and wanton behavior.

13
What Do You Think?

• How do you think the paramedics might have been
  wanton or careless?
• What might the dispatcher have done differently?

14
The Courts

• Willful and Wanton Conduct
• The dispatcher violated standards by not keeping
  the patient on the phone until paramedics
  appeared.
• Paramedics are given specific training on
  locating victims.
• Paramedics are trained to open a shut door by
  turning the doorknob.
• These paramedics did not attempt to turn the knob
  of an unlocked door

15
What the Experts Say

• The decision in American National Bank Trust
  Company, Special Administrator for the Estate of
  Renee Kazmierowski, Deceased, v. The City of
  Chicago, et al., held that emergency services
  personnel could be found liable for failure to
  locate a person who called for emergency help.
• Professional Issues, American Medical News,
  September 11, 2000