
A scenario, if you will:
You, as a newish Paramedic, are dispatched to a weekend party for a gentleman who fell from an all terrain vehicle at very, very, low speed. You arrive on scene shortly after a police officer that has previously advised that your scene is safe and the patient is easily accessible.
You arrive on scene in all your 0200 glory to find a 50ish year old male complaining of minimal right shoulder pain. The patient is ambulatory with a steady gait, immediately advises you that he does not wish to utilize your services, and politely tells you to go back to bed...Not so fast. A quick examination of the patient’s mental status reveals an odor consistent with the consumption of ETOH. Further assessment reveals no injuries, no medical concerns, and a completely normal set of vital signs.
Does this patient have the right to refuse EMS services?
-Refusal, are you crazy?
This patient is intoxicated. There is no way that this person has the mental capacity to refuse. At the very least this patient needs a disgruntled medical control physician to evaluate his decision making capability and decide for the Paramedic what should be done…after all it is his license. The fight is on. In order to transport this patient he will have to be issued an ultimatum by the men in blue, which will make him very unhappy. Now this patient will need to be handcuffed to your cot, officer at his side, with you making a futile attempt at assessment. When you arrive at the ER the patient is even more agitated than he was ten minutes ago. Now the patient has an ambulance bill, ruined his night, and is thinking about suing you, your service, and your mother.
An alternative approach…
-Yes, let him refuse.
This patient is intoxicated. Enter the modified Folstein mini-mental exam, a multiple question exam evaluating multiple facets of cognitive function. It’s very simple, you ask the patient some questions and the more the patient answers correctly the more competent the patient is to make decisions. So…fill out the exam, if the score meets the minimum of the exam, let the patient refuse. More work? Yes. Easier to sleep at night? Yes. Bottom line is that good patient care when utilizing a refusal dictates some sort of mental examination. We, as EMS professionals, need to act in the best interest of the patient and do our very best to defend against liability that may jeopardize your livelihood and also the livelihood of the people you work for, and your family. The patient care refusal is only as good as the provider completing it.
The iMedic