Gunshot Wounds: Your Duty To Report

You and your partner Sam are dispatched to one of the areas of town that fail to make the shiny travel brochures for a 20 year old male with a chief complaint of leg pain.  Upon your arrival you find the patient sitting on the living room couch with a bloody towel around his calf.

Your assessment reveals that he is stable with no other injuries or complaints other than his bloody calf.  In response to your questioning the patient merely states that he fell.  As you remove the towel from the calf to inspect the wound, you discover that there are two wounds, nearly identical in size on opposite sides of the calf.  You attempt to further question the patient about how he fell, what he fell into, and what object went through his calf.  Your patient fails to provide an answer requesting simply that you “wrap it up.”

At this point your paramedic spidey sense kicks in.  You realize that you are looking at a gun shot wound.  And you are in their crowded living room with just your  partner, Sam, who is too busy dutifully digging out 4×4’s and Kling to appreciate your moment of clarity.

You quickly dress the wound and ask if your patient wishes to go to the ER.  Your patient colorfully replies in the negative.  You  have your patient sign the refusal forms, politely bid your patient farewell, and beat feet to the rig.

“Central, 515.”

“Go ahead, 515.”

“515 requesting a Sheriff’s deputy meet us at the Piggly Wiggly on Devine.”

“Copy, 515.  Stand by.”

“What are you calling the cops to the Pig for?”, Sam asks.

You explain that you have a duty to report treatment for a gun shot wound.

In your best Matlock voice you tell Sam, “In most all States any physician, nurse, or emergency medical services personnel who knowingly treats any person suffering from a gunshot wound or who receives a request for treatment of a gun shot wound shall report the existence of the gunshot wound to law enforcement in the city or county in which the treatment is administered or a request for treatment is received.   However, no report is necessary if a law enforcement officer is present with the victim while treatment is being administered.¹

“Then why didn’t you just ask Central to send you a deputy while we were on scene?”, quizzes Sam.

“Because people who tend to get shot at typically have their own devices that return fire.  And I didn’t want to be between them and the cops. You know what I mean?”

“Besides,” you say, “my report to law enforcement may be made orally, but I will still document it on my PCR.”²

Crossing his arms, Sam retorts, “I just wouldn’t get involved.  I mean what if they arrest the guy?  His lawyer is gonna find out you ratted him out and sue your for a HIPAA violation!”

“Dude, you really need to read HIPAA.  Not everything is a damn HIPAA violation.  Anyway, since I am required to make a report to law enforcement, if  I have to participate in judicial proceedings resulting from the report, I am immune from civil and criminal liability which might result as long as I act in good faith. Oh, and in all such civil and criminal proceedings, my acting in good faith is presumed.³

“And on top of that,” you continue, “my duty to report supercedes patient-provider confidentiality.  In fact, patient-provider confidentiality does not constitute grounds for failing to report.”⁴

“Well, Perry Mason, what happens if you don’t report it?”, Sam jabs.

“If I knowingly didn’t report it I am guilty of a misdemeanor and, if convicted, must be fined not more than five hundred dollars.”⁵

“Oh,” says Sam.

“Hey, there’s the deputy.”

“Yeah, they always get here quick when you don’t need’em, huh.”

1. South Carolina Code of Laws, Section 16-3-1072 (A [↩]
2. South Carolina Code of Laws, Section 16-3-1072 (B [↩]
3. South Carolina Code of Laws, Section 16-3-1072 (C [↩]
4. South Carolina Code of Laws, Section 16-3-1072 (D [↩]
5. South Carolina Code of Laws, Section 16-3-1072 (E [↩]