Legal/Ethical Issue

[ladyemt51_2000]

I would take it to the sup too but I wonder if the skiing resort is going to get slammed with a lawsuit in regards to this guys fall. Perhaps the mixture of pot and beer had something to do with it? Maybe there was more pot in his car or bag back up at the lodge?

[itku2er]

I agree Let the supervisor handle it....That is their jobs. I am just wondering has the friend tried to contact you all to see if you have found it? I am sure he is looking over his shoulder now not knowing what happened to their pot, and if the cops will be knocking at his door.

Terri

[Dustdevil]

I would take it to the sup too but I wonder if the skiing resort is going to get slammed with a lawsuit in regards to this guys fall. Perhaps the mixture of pot and beer had something to do with it? Maybe there was more pot in his car or bag back up at the lodge?

That is actually a pretty good point! If you flush it, it never existed. If you give it to the stuporvisor, then you are pretty much clear, but that doesn't guarantee that all eventualities are covered, because let's face it, a lot of stuporvisors are idiots. He might just flush it too. This is kind of like the money-found-on-the-drug-dealer/patient issue. You may think nobody else knows, but how positive are you about that? And while I agree that the cops are not anxious to do paperwork on something that simple for the sake of a prosecution that will never happen (just like I don't like having to write a SOAP and a medical refusal form for a hangnail that doesn't want to go to the hospital), them admitting the stuff into their evidence room helps cover both you and the employer.

Regardless of what you do, consistency is your friend. Whatever you do in this case had better be exactly what you do in EVERY case where you find drugs in your ambulance. If you start making moral judgement calls out there, on a case by case basis, you will have ZERO luck defending any of those decisions in court or even to your management. At least there is some minimal justification for doing something wrong if that is the way you always do it, believing it is right.

Scenario: Idiot's family serves ski resort with civil papers claiming they are liable for their innocent child's disability. Ski resort's attorney sends response to idiot family's attorney that contains the police report detailing the drugs found with their son's fingerprints on them at the scene. Idiot's family quietly disappears. EMTs still have job.

And, as always, a bigger, more important point here is that if your agency does not have a written policy covering this situation, your agency sucks!

[Richard B the EMT]

My vote is with the "Bag, tag, and supervisor's attention" way.

I wouldn't flush it, as there is always possibility that the cannabis may have been tampered with, and the CSIs might be able to halt the distribution of the tainted stuff that might cause deaths to other users of the "recreational pharmaceuticals" by testing the stuff you turned in.

[emttut]

Coming from the point of view of someone who is also in law enforcement, definitely do not flush it. The best thing in your situation to do is to turn it over to your supervisor (who will hopefully turn it over to police) and then document, document, document. Regardless, as Dustdevil stated, just make sure what ever you do you are consistent.

As for the parents bringing up a law suit, it is more than 100% likely that the pt will have blood work done at the hospital. Regardless of the question of who the bag belonged to, if the pt used it will so up.

[sledogg1]

This is a no-brainier BAG TAG SUPERVISOR. Simple CYA unless you or your partner dap in the wacky tabacci and where afraid in turning in the mystery bag of goodies and thought u were going to be asked for a urine test..... :oops:

[MTNMANMEDIC]

It is the same with any "evidence", turn it over to a supervisor.

Did your report note any evidence of drug use ?

Now is not the time to say he was on something just because you found the bag after he was handed over.

The kid that was trying to get on your rig could have "dropped" it.

The ski resort has insurance to deal with injuries, if they have a bar on site, they have very good lawyers too.

[Lone Star]

I'm presuming that your run report has already been turned in to the recieving facility, so therefore no addendum can be made to that.

I would take the little 'surprise', follow the 'tag it/bag it/supervisor it, with a DETAILED incident report (keeping a copy of it for my own records) and let them do what is necessary (i.e. notifying law enforcement)

In my humble opinion, when it comes down to the debate over which has more impact, legal vs ethical....legal has a way of completely twisting your whole future. (Try to outrun a background investigation with a criminal record)! Ethical violations can be dealt with by remedial training, sanctions, and suspension of the license (but it can be dealt with).

A criminal charge (whether you're convicted or not) has a way of precluding you from certain positions for the rest of your career!

Just my .02¢ on the matter.