Legal and Ethical Considerations Flashcards

You arrive at the scene of a collapse in a public park. The adult victim is unresponsive, not breathing, and has no pulse. Under which legal principle can you begin CPR without explicit permission?

Answer: Implied Consent

Implied consent is a legal principle that assumes an unresponsive person would give permission for lifesaving care if they were able to. [5, 8, 9] Since the victim is unconscious and cannot grant expressed consent, the law allows rescuers to act on the assumption that they would want help. [7, 8]

A bystander provides CPR to a stranger who has collapsed. Despite their best efforts, the victim does not survive. Which of the following is the primary purpose of Good Samaritan laws in this situation?

Answer: To protect the rescuer from legal liability as long as they acted in good faith.

The core purpose of Good Samaritan laws is to encourage bystanders to help in an emergency by offering them legal protection against lawsuits, provided they act reasonably, in good faith, and without expectation of payment. [1, 2, 3] These laws are designed to reduce hesitation to act due to fear of legal repercussions. [2, 3]

A rescuer begins CPR on a victim but stops after a few minutes due to fatigue, leaving the victim before another trained person or EMS personnel arrives to take over. This action could be legally defined as:

Answer: Abandonment

Abandonment is defined as unilaterally stopping care for a person who still needs it without ensuring that care has been transferred to someone with equal or greater training. [23, 27] Once you begin providing care, you have a legal duty to continue until help of an equal or higher level arrives. [23, 27]

While at a restaurant, you see a conscious adult who appears to be choking. You identify yourself and offer to help, but the person, who is still able to gesture, emphatically waves you away. What is your most appropriate action?

Answer: Respect their refusal of care but call 911 and stay nearby.

A conscious, competent adult has the right to refuse medical care, even if it is life-threatening. [13, 15] You must respect their wishes to avoid committing battery. However, because choking is a serious emergency, the correct response is to call 911 and monitor the person from a distance in case they become unresponsive, at which point consent would be implied. [12]

You are providing CPR in a workplace setting. A coworker arrives with a valid, official 'Do Not Resuscitate' (DNR) order for the victim. What is the correct course of action?

Answer: Stop all resuscitation efforts immediately and respect the legal order.

A valid DNR order is a legal medical directive that must be respected. [11, 25] Once a valid DNR is presented and identified, resuscitative efforts such as CPR should be stopped. [10, 11] Continuing CPR against a known, valid DNR order would violate the victim's legal and medical wishes.

For a rescuer to be found negligent, several conditions must be met. Which of the following is NOT considered a required element for a finding of negligence?

Answer: Pre-existing Condition (the victim had a prior medical issue)

The four required elements to prove negligence are: 1) Duty to Act, 2) Breach of Duty, 3) Causation, and 4) Damages (harm resulted from the breach). [22, 28] A victim's pre-existing medical condition is a factor in their overall health but is not one of the legal components required to establish that a rescuer acted negligently.