A medical emergency is defined as a situation where treatment appears to be immediately required and necessary to prevent the patient’s death, severe disability, deterioration or aggravation or the patient’s condition, or to alleviate severe pain. When an emergency situation occurs, consent is necessary unless the patient is incapacitated and is either permanently or temporarily unable to come to an informed decision.
This could be due to:
•Injury or sudden illness.
•Alcohol or drug intoxication.
•Shock or trauma.
•An underlying mental or physical disease or handicap.
The practical consideration of medical treatment for emergencies is based on a legal concept called implied consent. The theory is that if the patient were able to consent to treatment, the consent would be given. Treatment is limited to that which is necessary to prevent:
•The patient’s death.
•Severe disability.
•Deterioration or aggravation of the condition.
•Alleviate severe pain.
The emergency treatment exception does not apply if the patient has refused treatment because of his/her religious beliefs.
Use the following steps:
1. If the patient is of age or is an emancipated minor but is under the influence of drugs or sedatives, so that the patient might not be aware of what he/she is doing, the signature of the patient should be obtained, if possible, and one of the following in the order given should sign:
•Court-appointed guardian, if any.
•Spouse.
•Parents.
•A brother or sister if there are no parents.
2. Whenever treatment is being rendered on an emergency basis to a minor (male or female under the age of 18 whose parents or guardians have not accompanied them and may be away), the attending physician should:
•Attempt to contact parents or guardians by phone.
•Use a phone line with an extension or a speaker phone.
•See that verbal consent is witnessed by another medical person listening on the extension or speaker.
•Document how consent is received on the consent form.
3. In an emergency situation in which consent for procedures cannot be obtained, the medical record should give clear indication of the nature of the emergency and the need to proceed with the procedures for the health and wellbeing of the patient. The statement of medical need must be signed by the physician performing the procedure.
4. While there is
no requirement that a physician obtain a consultation when he/she performs
emergency treatment, it is recommended that the physician obtain a consultation
with another physician.
The consulting physician should document his/her
findings in the patient’s medical record.
The
documentation should include the physician’s determination that an emergency
existed and why the patient required treatment.
Confidentiality Agreement
Affidavit of Confidentiality Statement Between office and _______________________________ (Name Employees, Consultants, and/or Contractors).
I, the undersigned, have read and understand the office Policy and Statement regarding the confidentiality of data and private medical information. I will abide by and conduct myself in accordance with confidentiality regulations, policies, and guidelines in the course of my activities and work with CAHIE.
I understand that any violation of confidentiality regulations and policies is grounds for termination and immediate dismissal from the practice or contract with the practice.
Signed___________________________________ Date_____________________
Employee, Consultant, or Contractor