Although these are real concerns, they can be managed with proper training and will be addressed as we progress.
When starting care on a patient you must have consent to treat that patient. This can be obtained in one of two ways.
ACTUAL CONSENT is the patient telling you they wish to be helped. A simple “May I help you?” is often all it takes to gain consent.
If the patient is unresponsive or does not respond, you can provide care under IMPLIED CONSENT. This means the patient would consent to treatment if able. Minors can be treated under implied consent if no parent can be found. In an emergency situation, never withhold emergency treatment from a minor if you cannot locate a parent!
If you ask a conscious, alert adult for permission to treat and the response is “NO”, you may NOT provide care. In this case, you should still notify the pilot and stay at a safe distance. Sometimes ill or injured people may not be thinking clearly; perhaps from an injury or the effects of drugs or alcohol. Maintaining your own safety and the safety of other passengers is the most important factor. Advise your Pilot in Command (PIC) if someone is refusing treatment. The PIC may choose to summon law enforcement upon landing.
Once you begin care for a patient, you must continue until that care is transferred to someone of equal or higher training. If you do not continue, you may be guilty of ABANDONMENT. By ceasing medical care, you may further endanger the patient. Always make decisions in the best interest of patient care.
By following the protocols and training in this book, you will be following the accepted rules and protocol that are within the scope of practice for basic life support. If you deviate from these skills or practices, you may be guilty of NEGLIGENCE. Negligence can also occur if you go beyond your level of training.
GOOD SAMARITAN LAW
Good Samaritan statutes and volunteer protection acts protect healthcare workers and other rescuers from being sued while in the act of providing emergency medical care to a patient. These laws have been enacted by most states in the U.S. They are also common all around the world in some form. The laws provide reasonable protection as long as the
3 The Basics
rescuer follows prudent guidelines and acts within an accepted standard of care.
In the U.S., the conditions that must be met to be protected by the Good Samaritan Law are:
1. You don’t receive payment for rendering aid to the patient.
2. You are required to act within your level of training.
3. You must act within an accepted standard of care for your training.
4. You may not transport the patient, except in extreme situations. By definition of your job in aviation, you are an exception to this condition as the patient is already in transport.
Although the Good Samaritan statutes do not provide protection against gross negligence, they do provide a reasonable level of protection. The legal implications for a first aid provider are minimal provided you follow approved procedures. Use your best judgments when providing care and you will be well served.
Canada provides Good Samaritan protection similar to the U.S.; however, Quebec law requires a duty to act by everyone, including bystanders. European laws come at it from a different angle; they can criminalize failure to help in emergent situations. In France, people who do not help in an emergency may face prosecution. Take the time to research the laws for providing care outside your normal job when traveling to other countries.
PATIENT CONFIDENTIALITY
As with other parts of your job, you may be privy to personal and private information about a passenger or patient. You must always respect a patient’s right to confidentiality when patients share information regarding pertinent medical history or medications being taken. When you contact Aircare Access, you will need to provide all the information about the patient. Using a short report form will aid in giving clear and concise information to the professionals on the line.
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