Legal Issue (Patient Privacy)

[Bluto_Blutarsky]

I am a volunteer EMT-B in a very small town in Upstate New York State. I responded to a call for GSW. Per the New York State Police, the scene was safe; we treated the patient, and then airlifted the patient to the nearest trauma center.

I was contacted by the New York State Police the same day regarding things I observed at the scene. I had no problems answering questions about the scene. When the Investigator asked questions related to the patient’s ability to understand the questioning by another Trooper on scene, I refused to answer the investigators question. Part of my assessment of the patient is the GCS scale and the pt A&Ox3.

In my opinion any statements made or disclosed by the patient that I contain in a PCR should be kept confidential as well – in my opinion. For example: recreational drug use. I maintain that the information contained in the PCR is confidential and Law Enforcement may obtain this information via a subpoena. There are proper channels for this information to be obtained. It is my opinion that any document I create related to Pre-hospital treatment setting is a part of the hospital record and private, especially in light of HIPPA. I need a reality check and am I taking the issue of privacy too far?

Finally, I was asked a hypothetical question by the Investigator: if a patient disclosed to me that they consumed alcohol or recreational drugs, would I disclose this information to a police officer after being asked? I stated no I would not, if it was contained in the PCR and relevant to the patients treatment. The information conatined in a PCR may be obtained via a subpoena and I could freely speak, once a subpoena had been issued to me personally. I was told that in 23 years, he had never had an EMS provider refuse to provide information to law enforcement. If he were on scene and the patient had done drugs, I was lead to believe that this is something that would have been revealed by the EMS provider.

feedback please???

[flight-lp]

They know better than to ask and it is inadmissable as evidence unless properly obtained via subpoena. That information is confidential and disclosure of it can be problematic (can you say HIPPA??). If they want information, then they need to use the proper channels to get it..........

[akflightmedic]

No, but I can say HIPAA

Sorry pet peeve of mine...we can not even spell the name right...

[Ridryder 911]

Investigators know that they have to get a subpoena for information for the medical care that was provided. However; we need to careful that we don't try to behind HIPPA. HIPPA only pertains to the specific treatment and care that was given to the patient,

It is simple enough for the D.A. to get a court order for release of information.

Good luck,

R/R 911

[Ace844]

"Bluto_Blutarsky,"

Welcome to EMTCity!! Here are some other avenues you can pursue if you have questions as to your legal obligations and and what you can disclose in this matter.

1.) Speak with your Municipalities legal council, or if you're working for a private, request to speak with their attorney about this. Lastly if your feeling like Rockafellar hire your own representation and let them deal with it.

2.) Contact-write a registered letter to NYS OEMS and ask for a written "letter of opinion" from them in regards to this case.

3.) Be as vague as possible and deal with the issue at trial "on the stand," thus you won't have deal with "contradicting yourself via statemnets vs run form vs testimony.

Hope this helps,

ACE844

: The harder I work, the luckier I goddamned get.

[Dustdevil]

Part of my assessment of the patient is the GCS scale and the pt A&Ox3.

Or "Alert & oriented to person, place, time and event" if you went to a decent EMT school.

Sorry, pet peeve of mine... we cannot even fully assess a patient's orientation. 8)

[Ace844]

Or "Alert & oriented to person, place, time and event" if you went to a decent EMT school.

Sorry, pet peeve of mine... we cannot even fully assess a patient's orientation. 8)

"Dust,"

Unless of course one were to perform a Folstein-MMSE, as part of their assessment.

out here,

ACE844

[Dustdevil]

Ahh... but even the MMSE is only an abbreviated exam. :wink:

Small steps, my friend.

[Ace844]

Ahh... but even the MMSE is only an abbreviated exam. :wink:

Small steps, my friend.

Ahhh, Young "DustDevil," It's been awhile. Still even through my fog of exhaustion I submit for respectful consideration the fact that it is quite accurate, sensetive, and specific, which places it WAY AHEAD of the PERSON, Place, TIME, measure...so even though it's "mini," it still is more than adequate to determine "orientation" or lack ther of, especially for our purposes..FWIW I use it in my practice and have found it to be quite useful..In fact, in my experience I've found that most docs and staff are surpised an EMS provider took the time to do it, and are impressed.

As an aside, I hope ur stayin warm up north in the great nothingness...CHEERS;

Out here,

ACE844

[flight-lp]

No, but I can say HIPAA

Sorry pet peeve of mine...we can not even spell the name right...

Damn! And I swore I would never cross AK and screw that one up, I'll go sit in the corner now........... :oops: