Ok the law insofar as medical care

[nadinbrzezinski]

one of the thigns running like crazy here is that Richardson was never seen by the medics, et al

So I guess here is where we need to 'splain to some of you how this works

When you get hurt, or go to the hospital et al, there are seveal levels of consent

If you are alert, and in the full use of your rational faculties, you are giving doctors and nurses informed consent, assuming they explaned to you all they are doing. They and you know that you are fully alert and capable of making the decision for them to do whatever needs to be done, ranging from stitches to your annual physical, or a procedure. Yes, every time you go to the doctor, they should, in theory explain what they doing.

That is why before any procedure you need to sing a form, telling everbybody that you understand all risks et al

If you have kids, you have to do that for your kids... any minor, even if this is one day their 18th birthday

Now where it gets tricky is when we enter the realm of implied consent... sometimes it is damn easy... every time I came to a patient who was on the floor, not responsive and could not talk... that's implied. We all assume they want the care, from medics, to cops... clear enough?

There are times that it is not that easy... that is where yuo enter the gray area of somebody who you know needs care... but damn it, they are still rational and refuse it. Even if that is driven as a symptom

If you force your care on that patient, you'll be the hero if you were right (maybe... it still may treated as detainment, assault and a whole slew of other things)

If you are wrong, god help you.

This is the law... in Canada, the US and Mexico.

This is why you need an advocate than can tell those medics, nope, they're not acting normal... then we enter into the realm of implied consent, and even then, it is borderlne

Now the AMA (against medical advise) was heavily implied in all news stories

For those of you who want a physical link... none of us is a person of interest, to use the correct term... so you will not get it

Privacy laws are in place

There is more, an AMA may be verbal, or written, depending where. Hell, when I worked as a medic in TJ I insisted on them being signed, due to our American tourists... and an AMA, whether you sign this at the local ER, or the street, is truly CYA for medical personnel

Now if a child is injured, so you know... and there is no legal guardian present, we assume implied consent... so you know

And I hope this will explain to you folks why this is a tragedy, but this is the law as well... and it has valid reasons

Oh and if yuo get raelly rung on the nogin' and medics are called, I hope you decide to go to the hospital. Right now you may common sense... when it happens not all the time

Oh and what happened to her, happens way too often by the way

[nadinbrzezinski]

1. kick

[pinto]

2. Good points on informed consent.

I do HIV testing and we have to have informed consent to continue in my state. Here, it can be verbal and anonymous (no signature) for HIV, yet we have to ascertain if the person is clear on the consent and the process.

We don't even draw blood anymore, in most instances. We use an oral swab. Yet informed consent remains a bedrock in our work.

"This is an oral swab test for HIV antibodies. You'll have a result in 20 minutes and they may include (info here)...are you OK with that and agree to test at this time?"

If there is any uncertainty on the ability to give informed consent we get a second opinion from staff and make a call.

Although our work isn't a critical care situation, we follow consent laws rigorously. And debate them in staff meeting, routinely.

[nadinbrzezinski]

3. Good for you,

always, and I mean this, cover your ass...

No matter where in North America

[Jane Austin]

4. Thanks, Nadine

for this good information.

[nadinbrzezinski]

5. You welcome

Hope this helps

[nadinbrzezinski]

6. kick

[nadinbrzezinski]

7. kick