Browsing the archives for the Firefighter tag

No Holster in the Drug Box: Arming of EMTs

EMS/Legal Tidbits, First Responder, Paramedic

I received an email from a fellow firefighter and EMT that asked me about South Carolina law concerning firefighters, EMT’s and paramedics arming themselves with either lethal and/or non-lethal weapons.

I will first discuss the applicable South Carolina law on this issue.  Next, I will discuss fire and EMS departmental concerns on this issue.  I will conclude with my personal thoughts.

N.B.:  South Carolina has a number of public-safety departments whose members are both certified law enforcement officers and firefighters/emts/paramedics.  The majority of the below will not apply to these departments and their members, as SC provides expressly for certified law enforcement offers the ability to carry openly and/or concealed just about everywhere in the State.

I.  South Carolina Law

A.  SC Authorization to Carry a Pistol

South Carolina law does not expressly provide for firefighters, EMTs, and paramedics to “carry about the person, any pistol whether concealed or not…”1

In South Carolina your occupational status as a firefighter, EMT, or paramedic does not provide you open-carry or concealed-carry rights in the performance of your fire and EMS duties.

In other words, in order for you to carry while on duty, and in the performance of your fire and EMS duties, you must possess a valid South Carolina Concealed Weapons Permit issued from the State Law Enforcement Division.

B.  SC Prohibited Places for Concealed Carry

1. South Carolina law expressly forbids concealed weapons permit holders from carrying in the following places:  “private or public school, college, university, technical college, other post‑secondary institution, or into any publicly‑owned building2

Your fire station or EMS station is likely a publicly owned building, therefore should you carry there, you are committing a criminal offense.

If you work for a private fire or EMS agency that is not publicly-owned, mere carry into that building may not be a crime, but South Carolina sets forth other prohibited places for concealed carry.

2. South Carolina law expressly forbids concealed weapons permit holders from carrying “into the residence or dwelling place of another person without the express permission of the owner or person in legal control or possession.”3

The majority of fire and EMS calls are to “the residence or dwelling place of another person.” In order for you to legally carry concealed into someones house, you would have to get their permission first.

Asking for permission gives away the fact that you are carrying concealed, defeating the purpose.  Additionally, since you arrive at their doorstep in an official capacity, any consent they do give would likely be determined to be invalid as being made under duress.  The consent is likely invalid because they may reasonably believe should they deny your request it would prevent you from putting out their fire or rendering them medical assistance.

If you violate this provision you are guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not more than one year, or both, at the discretion of the court and have [your] permit revoked for five years.4

3. South Carolina law expressly forbids concealed weapons permit holders from carrying into a “hospital, medical clinic, doctor’s office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer.”

This covers where we transport our patients, and sometimes where we pick them up.

If you violate this provision you are guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not more than one year, or both, at the discretion of the court and have [your] permit revoked for five years.5

C.  Non-Lethal Self Defense Weapons

Self-defense weapons generally considered non-lethal, such as pepper spray, are not covered by the SC Concealed Weapons Permit law, and are not expressly forbidden for firefighters, EMTs or paramedics to carry.6

D.  SC Law, Conclusion

There are other prohibitions on places of carry, however I feel these are the most applicable ones to the issue at hand.  If you hold a valid South Carolina CWP, you should have been made aware of these prohibitions in your training class.  If not, or if you have forgotten them, visit the SC Code sections referenced, or visit one of the many Concealed Carry advocacy groups.

It should be rather evident that from the above that South Carolina law is quite hostile to any firefighter, EMT, or paramedic that chooses to employ their Concealed Weapons Permit to carry concealed on-duty.

Self-defense weapons generally considered non-lethal, such as pepper spray, are not covered by the SC Concealed Weapons Permit law, and are not expressly forbidden for firefighters, EMTs or paramedics to carry.

The carry of non-lethal self defense weapons will likely be determined by individual department or service policy, and is what we will discuss next.

II.  Fire and EMS Department Policy on Lethal and Non-lethal Weapons

A.  Policy on Concealed Weapons

If your fire or EMS department does not have a policy forbidding the concealed carry of weapons into the stations, and forbidding the concealed carry of weapons while on duty, it should.  Immediately.

My discussion of the applicable South Carolina law above should be all that is required to support such a policy, aside from the liability implications of an employee discharging a firearm on duty.

B.  Volunteers and Concealed Carry

Volunteers are a valuable resource to lots of departments across this State.  If your fire or EMS department utilizes volunteers who respond POV from various locations, you need to be aware that your members may be carrying concealed weapons and bringing them to your scene.

While it may have been legal for them to carry where they were prior to their response, it may not be legal for them to carry into your scene, your station, and the hospital.

Your department should have a policy in place that deals specifically with volunteers responding with concealed weapons.  An easy solution would be to have your members secure their weapons in a locked glove box or console within their vehicle prior to exiting and performing their duties.

C.  Sign Requirements for Prohibiting Concealed Carry

Even though SC law expressly forbids carry into publicly-owned buildings, your department needs to reference SC Code Section 23-31-235, on the proper signage requirements required by law designating the station or other facilities as a prohibited place for concealed carry.

If you are a private fire or EMS agency, then you definitely need to reference this code section.  The stickers you buy at Staples to stick on the door likely fail to meet the legal signage requirements for legally prohibiting concealed carry.

D.  Policy on Carry of Non-Lethal Self-Defense Weapons

If your fire or EMS department does not have a policy on the  carry of non-lethal self defense weapons you may need to consider one.  You need to be aware that your personnel may already be carrying a variety of such weapons on-duty without your knowledge.

If you lack any policy and your personnel carry non-lethal self defense weapons, you should know that your department is liable for any injury that results from their use of such weapons.  Non-lethal does not mean non-injurious.

If your personnel are carrying non-lethal self defense weapons with your permission, hopefully you have considered the following:

  1. Does your department have a continuum of force protocol?
  2. Does your Medical Director approve of a Non-Lethal Self Defense protocol?
  3. Does your department train your personnel in the proper use of non-lethal self defense weapons?
  4. Does your department issue non-lethal self defense weapons?

These are just some basic questions, but you should get the idea.  A plaintiff’s lawyer could have a field day with you on the stand over just these questions, and this is just the tip of the iceberg of considerations.

III.  Personal Opinions on the Arming of Firefighters and EMTs

First off, I hunt, I shoot, and I own firearms, including firearms for self-defense.  I am a firm believer in the Second Amendment imparting an individual right.

I cannot, however, support arming firefighters, EMTs or paramedics with lethal weapons.  Ambulance Driver has a previous post on this as well.  Further, I cannot imagine a department knowingly permitting their members to carry concealed weapons on duty.  The potential liability and public relations implications are huge.

If the scene is not safe, stage and wait for law enforcement.  Wait however long it takes.

If the scene deteriorates, retreat to a position of safety.  If law enforcement is not already on scene, get them.  Do not re-enter the scene until law enforcement has secured it and made it safe to re-enter.

If a patient attacks you or is uncontrollably combatative in the back of the ambulance, stop the ambulance in a safe place and retreat.  Use only what force is required to retreat and get to a position of safety.  It is not patient abandonment if you retreat for your own safety.  Get law enforcement on scene and allow them to use their tools and training to handle the combatative patient.

Further, if you were assaulted then you will need them anyway to file charges on the patient.  It is a crime in SC to assault a firefighter, EMT or paramedic in the performance of their duties.

Some may argue that pepper spray or other non-lethal weapons are needed to ensure that you can escape a situation.  That may be true.   It is a crazy and violent world.  I have worked in Savannah with medics wearing body armor and carrying pepper spray.  (Although I had neither!)  I understand that fire and EMS departments are issuing body armor to their members.

However, I consider the carry and use of  non-lethal weapons anathema to our mission and in violation of our hard earned status as non-combatants.  We are not the police, and that affords us a level of patient trust and interaction that our LEO friends don’t receive.

In my opinion carrying weapons and deploying weapons on our patients (or bystanders) revokes our non-combatant status and places us in greater danger.

These are just my personal thoughts on the matter.

Each jurisdiction is different, and may determine that their members need these tools.  I just hope that those of us in the streets and those in administration take the time to answer the tough questions and perform the proper risk-benefit analysis in making a decision on this topic.

I would enjoy hearing why you agree or disagree.

  1. SC Code of Laws, Section 16-23-20.  See also, SC Code of Laws, Section 23-31-240. []
  2. SC Code of Laws, Section 16-23-420. []
  3. SC Code of Laws, Section 23-31-225 []
  4. Id. []
  5. SC Code of Laws, Section 23-31-215. []
  6. Id. []
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Photographers On-Scene: Ready for Your Close-up?

EMS/Legal Tidbits, First Responder, HIPAA, Paramedic

Allegedly1  a Firefighter/EMT with the Keene (N.H) Fire Department was being videotaped during a call.  The resulting videotape has been published on YouTube and shows the Firefighter/EMT striking the video camera held by one photographer and confiscating a camera-equipped cell phone from another bystander.

Here is the video (H/T STATter911):

Here is an article describing the events surrounding the scene.2  The notable portion of the article is this:

Aubern Goodwin was able to stay with Kurt for a short while when he was placed into a holding area.  She reportedly witnessed Mr. Rivera violently attack the handcuffed Mr. Hoffman.  A call was put out to the Keene Fire/EMS for an ambulance as the attack injured Kurt’s neck.  The EMS and sheriffs arrived and started ordering cameras turned off and areas cleared of people, all while spouting irrelevant HIPAA regulations in a blatant attempt to assert authority.   One of the EMS workers, Captain Ronald Leslie, even stole a camera, directly snatching it out of a videographer’s hand.

Here is a letter written by the person who had their cell phone confiscated directed toward the Firefighter/EMT.

In this day and age cameras are everywhere.  If you haven’t yet been photographed or filmed, you will be.

Let’s discuss some important topics so that you won’t be immortalized on YouTube and have the Fire and EMS blogs replaying your 15-minutes of infamy.

1.  Smile: A Picture is Worth a Thousand Words

People can photograph and film you performing your firefighting and/or EMS duties.  The general rule is that anyone may take photographs of whatever they want when they are in a public place or places where they have permission to take photographs.3 Streets, sidewalks, and public parks are examples of places that are traditionally considered public.

Property owners may legally prohibit photography on their premises but have no right to prohibit others from photographing their property from other locations.4

There are some exceptions though.  You can’t be photographed or filmed where it is specifically prohibited by law.  By law, I mean there must be a specific local ordinance or state law that prohibits photography in that specific location.  Private ‘No Photography’ signs not backed by a local ordinance or state law likely are worthless.

The take away: you can legally be photographed or filmed without your consent when you are in a public place where you have no reasonable expectation of privacy. 5

2. Film, Memory Cards, Video Tape:  It’s Not Yours To Take

You cannot confiscate cameras, film, memory cards or video tape. That’s theft.

You cannot demand film, memory cards or video tape be erased. That’s theft, too.

You cannot physically threaten a photographer.  That’s assault.

You cannot prevent a photographer from leaving the scene unless they comply with your unlawful confiscation or erasure demands.  That’s false imprisonment or kidnapping.

Got it? Good.

3.  Camera Grabbing: Relax, Don’t Do It

Battery is both a criminal act and a civil tort.  At common law, simple battery is an unlawful application of force to the person of another resulting in either bodily injury or an offensive touching.  The common-law elements serve as a basic template; but individual jurisdictions may alter them, and they may vary slightly from state to state.

Importantly here, battery need not require body-to-body contact.  Touching an object “intimately connected” to a person (such as an object he or she is holding) can also be battery.6

Grabbing, striking or hitting a camera, camera-phone, or video camera held by a photographer is likely battery.  The photographer can file criminal battery charges against you and the photographer can sue you civilly for battery.

It’s simple. Don’t touch the camera.

4.  Three’s a Crowd: Properly Making a Safe Work Space

If you find yourself crowded by a gaggle of paparazzi or even an overzealous single photographer, they may be interfering with your ability to do your job.  In this case there is a right way and a wrong way to create a proper and safe working environment.  As we discussed above, grabbing cameras or physically pushing photographers is the wrong way.

Utilize the available law enforcement on scene or get them on scene to assist you.  All jurisdictions have disorderly conduct laws that the LEO’s can enforce.  Disorderly conduct laws prohibit people from engaging in behavior that causes inconvenience, annoyance or alarm through disruptive behavior.  Interfering with a firefighter or paramedic in the performance of their duties is likely to constitute extreme behavior rising to disorderly conduct.

Additionally, most jurisdictions have specific laws against interfering with police, fire or EMS workers in the performance of their official duties.

However, as an EMT or Paramedic your job is patient care, not law enforcement.  Let the experts handle it.  Get law enforcement on scene to assist you and allow them to handle the situation while you focus on the patient.

5.  Silence: It’s Not Just for Mimes

The initial mistake I see from the video above is that the FF/EMT acknowledged and responded to the verbal taunts from the photographer.  The photographer appears to be purposefully taunting and berating in order to elicit a response to capture on film.  In this case he succeeded.

There appears to be an increasing trend of citizen journalists and shock journalists that seek to provoke confrontation to record.  By responding verbally to these photographers they are only encouraged and emboldened.

You do not have to talk to anyone but your patient or someone directly related to the patient so you can properly assess your patient.

Focus on the patient.  Ignore the photographers.

Conclusion

With the increasing prevelance of cameras, camera phones, and small video cameras, it is only a matter of time before you encounter being photographed or filmed on scene.  You need to understand the basics of photographer’s rights and more importantly you need to know what not to do.

By following the 5 simple tips outlined above you can avoid an embarrassment on YouTube, save yourself the trouble of a criminal or civil complaint, and serve your patient by focusing on them rather than the circus around you.

  1. The word ‘allegedly’ is used here as a hedge, as I have not been able to locate a reliable source that details the actual sequence of events and actions.  The posted video and statements from the links provided herein is all that I have presently located. []
  2. It is unclear from reading this if the author was shooting the video in the above clip, was the person who had his camera confiscated, or was an uninvolved witness. []
  3. The Photographer’s Right, Bert P. Krages, 2009.  http://www.krages.com/ThePhotographersRight.pdf []
  4. Id. []
  5. You have a reasonable expectation of privacy only in places like dressing rooms, restrooms, inside your home, etc.  In these instances, the photograph or film is not illegal, rather the invasion of privacy is illegal.  In most jurisdictions invasion of privacy is a civil claim, not a criminal act. []
  6. See Fisher v Carrousel Motor Hotel, Inc., 424 S.W.2d 627 (1967 []
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Do Not Resucitate Orders and You

Do Not Resuscitate, EMS Documentation, EMS/Legal Tidbits, Paramedic, Pt. Assessment

Also posted at Paramedicine 101. Check out what else is there.

This post was generated from an email I received from Mark over at Medic999. One of Mark’s readers posted the details of a call he ran wherein the patient had a valid DNR order, and he was uncomfortable with the way the the DNR limited the available treatment options. You can visit Mark’s blog for a full run down of the opinions there.

For the readers outside of the United States, you should be aware that each State sets its own laws and regulations regarding DNR orders; there is no nationwide standard. Each State’s law may be different.

First a bit of a disclaimer: I am educated in United States common law and most specifically educated in the law of South Carolina, the State of my bar admission. I am also registered as a NREMT-P in South Carolina so I am most familiar with South Carolina’s laws on DNR orders.

I will focus first on the law within the jurisdiction I practice law and ride an ALS truck. I will then discuss my thoughts as to the call posted by Matt, and will end with a sampling of DNR regulations from other States for comparison.

Here in South Carolina we have the Emergency Medical Services Do Not Resuscitate Order Act. To establish a DNR order in South Carolina, the patient must: (1) have a terminal condition; and (2) the terminal condition must have been diagnosed by a health care provider and the health care provider’s record establishes the time, date, and medical condition which gives rise to the diagnosis of a terminal condition. Thus, it is a pre-requisite to have a physician established terminal condition.

When EMS personnel are presented with a valid DNR order EMS personnel must not use any resuscitative treatment. EMS personnel must provide that degree of palliative care called for under the circumstances which exist at the time treatment is rendered.

Okay, that is some great lawyer-speak, but what constitutes the “resuscitative treatment” we can’t give, and what does “that degree of palliative care called for under the circumstances which exist at the time treatment is rendered” mean for those of us in the street?

For that guidance we must consult South Carolina Department of Health and Environmental Control Regulation 61-7, Sections 1406 and 1407. In the event that the patient has a valid DNR order, the following procedures shall be withheld or withdrawn: (1) CPR; (2) Endotracheal intubation and other advanced airway management; (3) Artificial ventilation; (4) Defibrillation; (5) Cardiac resuscitation medication; and (6) Cardiac diagnostic monitoring. These 6 items are defined as prohibitive resuscitative treatment in the presence of a valid DNR order.

The following treatments may be provided as appropriate to patients who have executed a valid DNR order: (1) Suction; (2) Oxygen; (3) Pain medication; (4) Non-cardiac resuscitation medication; (5) Assistance in the maintenance of an open airway as long as such assistance does not include intubation or advanced airway management; (6) Control of bleeding; and (7) Comfort care. These 7 items are defined as the permissible palliative measures that can be given in the presence of a valid DNR order.

Okay, so that is what I can do and can’t do in the presence of a valid DNR order. But wait, there is more. When presented with a valid DNR order, I must honor it, regardless of the circumstances. If I can’t or won’t honor it, then I must immediately transfer patient care to another EMS provider or other health care provider who will honor it.

That is the law in the State I work.

Let’s restate Matt’s patient presentation: Elderly male, lungs full of fluid, SpO2 mid to high 60s on a nasal cannula, improved to about 69-70% with a non rebreather, respirations about 24, mental status , about a GCS 5. Nursing home staff states aspiration of vomitus, suction attempted with no relief. Valid DNR presented to EMS on arrival.

If I was presented with the above in my jurisdiction, right off the bat there are several things that I cannot do for this patient in the presence of the valid DNR order. I cannot drop an ET tube, King Airway or LMA. I cannot use a BVM to artificially ventilate. I cannot attach my LifePak 12 for cardiac monitoring.

My patient revoked my ability to use these tools, and I will respect their decision, but I won’t just watch them circle the drain. There are things I can do that may really help this patient. First, I will do my own assessment, as I do not trust NH assessments. I can still suction, so I would try to clear the airway as best I can. Here, an OPA is a basic skill, so dropping an OPA to maintain an open airway would be permitted. I can administer oxygen via non-rebreather over the OPA. (A tougher question would be whether CPAP or BiPAP is considered artificial respiration. I’ll punt on that one for now.)

I can also establish an IV and check a BGL. Who knows, maybe his blood glucose is 20 and an amp of D50 perks him up. I can…well, you get the idea. There are things we can do and should do to care for our patients.

I encourage you to become familiar with your State’s laws and regulations regarding DNR orders and your local protocols on DNR orders so that when presented with a valid DNR order you know what you can and can’t do to care for your patient.

These are tough situations for us because we are used to doing all we can with all we got. But we must remember that our primary purpose is quality patient care, and sometimes that means respecting our patient’s wishes regarding the end of life too.

Other State DNR order regulations for comparison:

State of California

State of North Carolina

State of Texas

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Exposing Patients: Balancing Necessity and Dignity

12 Lead EKG, EMS Documentation, Pt. Assessment, Trauma, Uncategorized

The issue of exposing patients, and especially female patients, comes up fairly frequently on EMS forums and blogs . This post will examine the issues surrounding exposing patients, guidelines for doing so appropriately, being sensitive to various cultural considerations, and limiting your liability when you undertake to expose a patient.

I. Issues Surrounding Exposing Patients
The main issue people raise is being accused of inappropriately exposing or inappropriately touching an exposed patient. This is not an imagined threat as we will discuss in more detail below. Nonetheless, as professional providers of pre-hospital emergency care we should have a thorough understanding of when we need to expose a patient and how to properly assess the exposed patient.

First off, I feel the need to suggest we refine “exposure” into two iterations: 1. Partial Exposure and 2. Complete Exposure1. For this article, partial exposure will refer to exposing any upper or lower extremity only, and complete exposure will refer to exposing any body surface area from the neck to the genitals alone or in conjunction with exposure of any upper or lower extremities.

When do we partially or completely expose a patient? When we need to assess or treat a body surface area that is concealed from view, restricts palpation or auscultation and/or where clothing restricts or prevents the appropriate application of interventions2. Let’s examine two routine instances where exposure of patients is likely required.

A. Trauma Patients
The obvious situation is the trauma patient. Nearly every paramedic or emergency physician text or handbook directs the complete exposure of the trauma patient. To wit:

“Intitial evaluation of the trauma patient begins with the primary survey, part of which is the complete exposure of the patient3. Failure to completely expose the patient may result in missing a serious traumatic injury4.”

“Exposure is obtained by completely undressing the patient. Patients must be fully undressed to allow a complete evaluation.5

“The final part of the primary survey involves a quick scan of the patient’s body to note any other potentially life threatening injuries. In general, this requires removal of the patient’s clothes…Injuries cannot be treated unless they are identified.”6

That last bit is the key: you can’t treat what you can’t see.

However, this does not mean that we completely expose every trauma patient. Where your assessment determines the patient’s traumatic injury is limited to only an upper or lower extremity, I feel that partial exposure if the injured extremity is required to appropriately assess and treat the injury. Complete exposure in these instances may likely be unwarranted.

B. 12 Lead EKGs
Prehospital 12-lead EKG with computer analysis and transmission to the emergency department is recommended by the American Heart Association (AHA) and the National Heart Attack Alert Program (NHAAP) for patients with chest pain and possible acute myocardial infarction (AMI).

Proper electrode placement in the precordial leads is critical.

Proper and consistent placement of the precordial leads is essential for obtaining accurate ECG tracings.7

Correct placement is important because the 12-lead ECGs are compared with previous ECGs. For the comparison to be reliable for identifying existing problems or highlighting the appearance of new problems, the electrodes must be placed consistently.8

V1 and V2 often times present little problem, however in the female patient or obese male patient, properly placing leads V3 through V6 may require complete exposure of the chest.

When performing 12-lead ECGs on female patients, place the electrodes for leads V3 through V6 under rather than on the breast.9

Can a 12-lead be properly performed with the bra unfastened, yet in place?  It is likely so.  Underwire bras may interfere with the electrical conductivity of the electrodes10, however I have not located any studies confirming underwire interference with 12-lead EKGs.

In any event, when performing a 12-lead EKG, complete exposure of the chest is likely warranted.

II. Guidelines for Patient Exposure

So we have identified two routine instances that may be required to expose our patients, and identified some issues surrounding the exposure.  Let us focus now on some general guidelines for exposing patients.

1. Inform Your Patient You Need to Expose Them.
If your patient is conscious and alert, tell them what you need to do and why you need to do it. Be professional, and explain to the patient that as soon as you have completed your assessment/treatment/electrode placement that you will cover them up.

Remember, however, that if your assessment reveals the patient has the appropriate present mental capacity, they can refuse any or all treatments or interventions. Respect your patient’s right to refuse. Improvise, adapt and overcome. Oh, and document the patient’s refusal of course.

2.  Limit the number of people who see the patient exposed.
While this may be difficult during a trauma scene in the middle of the street, it is not impossible. You can use screening devices such as sheets or tarps to obstruct the view of onlookers. Alternatively, you can cover the patient and expose areas systematically while keeping the bulk of the patient covered.

This is easily accomplished in the living room of a chest pain patient. Prior to exposing your patient, ensure all non-essential personnel are out of the room. I politely boot out the security guard who responded, ancillary relatives, the nosy next door neighbor, etc. Need to do a 12-lead in the bar area of a restaurant? Clear it out. Take command; it is your scene. You patients will appreciate your concern over who sees them exposed.

I know what you are thinking. “Can’t we just get them in the back of the Ambulance and then do the 12-lead?” Sure we can when the situation dictates. But even then, pay attention to who is in the Ambulance and remove non-essential personnel. Keep the doors closed, and do not permit entry to or egress from the ambulance while the patient is exposed.

3. Limit the time your patient is exposed.
Don’t dawdle. Expose, assess/treat/place the leads, then cover the patient up. Trauma patients should be covered anyway to prevent hypothermia and for potential of shock. Additionally, sheets, towels, and gowns definitely do NOT interfere with electrical conductivity of the EKG electrodes.

3. Use the Back of Your Hand.
When placing electrodes for V3 through V6, use the back of a gloved hand to lift a woman’s left breast AFTER informing her. It is difficult to construe this action as sexual contact versus using the front of a cupped hand. An easy alternative is to ask the female patient (or male patient with large breasts) to lift their left breast to permit you to place the electrode and wire.11

4. Document Your Exposure.
If you expose any patient, you should thoroughly document what body surface areas you exposed and why you exposed them. You should further include the details of your assessment of those exposed areas and the treatments or interventions applied to those exposed areas. Additionally, it may be prudent to note when and how you covered your patient after assessment/treatment of the exposed areas.

III. Recognizing Cultural Sensitivities

Our communities are more diverse than ever. Female modesty is valued in many cultures and it may be difficult for patients of different cultures to undress in front of a male health care provider. Some cultures consider the area between the waist and knees particularly private. In fact, traditional Asian physicians do not touch a woman’s body except to take her pulse. Instead, the woman points to the corresponding area of a doll to indicate the site of her problem.

If you are presented with a patient whose is culturally sensitive to being exposed, even for treatment of an emergent condition, there is not much you can do except respect the patient’s modesty and keep as much of the patient covered as possible. You should ensure that only procedures that are absolutely necessary should be performed.

If possible, it may be best to assign a female practitioner in such instances to limit the psychological impact on the patient.12

IV. Limiting Your Liablility

Last December The Associated Press published an article entitled, “Ambulance Attendants Molesting Patients“. Read it, and pay special attention to the plaintiff’s lawyer’s comment

“It’s a dream job for a sexual predator,” said Greg Kafoury, a Portland, Ore., lawyer who represents three women who were groped by a paramedic. “Everything is there: Women who are incapacitated, so they’re hugely distracted. Medical cover to put your hands in places where, in any other context, a predator would be immediately recognized as such.”

This is the image a good lawyer will place in the jury’s mind: The defenseless patient at the mercy of the predatory paramedic.

Patients or their families may not understand our need to expose trauma patients or expose patients for 12-lead EKGs. Protect yourself by following the guidelines discussed above, namely informing your patients of the medical necessity to expose them, limiting the number of people who see them exposed, limiting the time that they are exposed, and ensuring that you fully document all patient exposures.

Our patients place their trust in us in their most dire moments of need. That is an enormous responsibility. A responsibility that we must protect, not abuse. Exposing our patients when it is medically necessary is a part of our job, but we must balance that need with the respect to actively protect our patient’s dignity.

  1. This is a construct I created for this article. I have not encountered this parsing of the concept of exposure before, however if you have, let me know so that I can give the proper attribute. []
  2. This is my definition. I have not located an official definition. []
  3. An Introduction to Clinical Emergency Medicine: Guide for Practitioners in the Emergency Department, By Swaminatha V. Mahadevan, Gus. M. Garmel, Published by Cambridge University Press, 20057, page 102 []
  4. Id. at 102 []
  5. Manual of emergency medicine, By Jon L. Jenkins, G. Richard Braen
    Edition: 5, Published by Lippincott Williams & Wilkins, 2004, page 33 []
  6. Trauma By Ernest Eugene Moore, David V. Feliciano, Kenneth L. Mattox page 115. []
  7. Sensible analysis of the 12-lead ECG By Kathryn Monica Lewis, Kathleen A. Handal. Published by Cengage Learning, 2000, page 12. []
  8. NANCY CAROLINES EMERGENCY CARE IN THE STREETS By AUTOR NAO LOCALIZADO, Nancy L Caroline Published by Jones & Bartlett Publishers, 2007, page 27.65. []
  9. Prehospital 12-Lead ECG: What You Should Know, http://www.physio-control.com/uploadedFiles/learning/clinical-topics/Prehospital%2012-Lead%20ECG%20What%20You%20Should%20Know%203009852-000.pdf []
  10. http://www.cigna.com/healthinfo/aa10253.html []
  11. 12-Lead Acquisition Training, Ontario Base Hospital Group Education Subcommittee Group, 2008, PowerPoint Presentation, slide 22. []
  12. Caring for Patients from Different Cultures: Case Studies from American Hospitals, By Geri-Ann Galanti
    Edition: 3, revised, Published by University of Pennsylvania Press, 2004, pages 102-3. []
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