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Unit VII Essay
In Unit I you selected one of the following two scenarios from your textbook. In Units I, III, and IV you were tasked with preparing briefings which would address specific questions pertaining to the scenario you chose: (I attached Unit 1,3 and 4 to reference for subject matter)Considering Malpractice (p. 7) or EMT Response and Motor Vehicle Law (p. 13). For this assignment, you will now need to combine your research and briefings to provide an introduction with an overview of the case and facts discovered, as well as an analysis of your potential for successful defense of this case. Consider what you have learned in this course as you prepare your final briefing. Your essay should include the legal basis for your analysis and conclude with recommendations of the actions that could be taken to show that the organization has identified and appropriately taken steps toward prevention of future occurrences of this issue. Your paper should be a minimum of three pages, not including the title and reference pages.
EMS 4303, Legal, Political, and Regulatory Environment in EMS 4
You must use a minimum of three sources, not including your textbook. You should continue to use sources that specifically speak to the laws or regulations of your state. All sources used must be referenced; paraphrased and quoted material must have accompanying citations. All references and citations used must be in APA style.
Running head: LEGAL IN EMS 1
LEGAL IN EMS 3
LEGAL IN EMS
Paul Grasso
CSU
12/13/2017
The scenario
It was sunny evening. The day was on a Thursday. I was in the office just trying to update some reports of the recent incidences that had been occurring. I had no reason to hurry since there was time to update and make everything record to be in order. There was this call that came through requesting if we could as much as possible extend our services to an accident that had occurred. The accident was between two cars. It was a serious accident where the victims were serious injured. Since from the caller, the description of the accident seemed to be serious, we had no option other than to respond immediately. With no time, we were on our way to the scene. From the look of things, it was something that nobody could have wished for. The driver of one car was unconscious. The other one was really crying out of pain. The body was seriously injured everywhere (Jacobs, 2016).
As an aide for the attorney, I did my inspection of the accident. From the accident, the cars seemed to have collided head on head. Also from the scene, it was clear that, one driver was over speeding and in the process he lost control where the car moved to the lane of the oncoming cars. That was beyond his control therefore the accident occurred. Inside the car that had lost control, we could find some liquor. This was enough evidence that the driver was drunk and therefore, he lost control. From the state laws, it is illegal to drive while drunk and this was not going to be taken lightly. The law of action was going to be taken on the driver who lost control. The recent accident that was as a result of drunkenness, the driver was punished severely (Dodds, 2016).
Will the case be tried in a civil or criminal court?
From the case, it is something that has been set right. There are road rules that do govern the road users. If a road user will deviate and violate the rules, then the user will be prosecuted in the criminal court. It is a crime to drive while under influence of liquor. The law states that, if found drunk while driving, the necessary measures should be taken against the victim. From the accident, it was as a result of liquor so the case will be tried in the criminal court. This is because, the driver will have done against the road rules that are set to be followed strictly.
Three questions I feel should be answered by the personnel involved
Driving while drunk is a matter of death and live. There are only two options if one mistakes and drives while drunk. This case is a good example of what a drunk driver is capable of doing. A drunk driver is not capable of making right decisions whenever on the road. Therefore, there are certain questions that the drunk driver should answer first before I can begin to prepare a defense. One of the question will be; what did you think will be the outcome of driving while drunk? What would you suggest the state laws to do or act towards your behavior and careless driving? Will you be able to compensate the damage you have caused and the injuries you have made to the other saloon car driver? These question will make me get some insights on how to handle this case.
Difference in scope and responsibility of any federal, state or local laws and regulations that would impact the outcome of the case
In this case, there is little the victim can do to affect the outcome of the case. With such results, it will somehow hard ad impossible to alter any consequence. The difference that will be due to scope and responsibility of the federal, state or local laws will be to allow the drive to have a lawyer (Jacobs, 2016). Another situation is where the evidence of liquor gets destroyed or is tampered with. In an event where the evidence is tampered with, will be a bit difficult to prosecute the driver. If it is tampered with, then the outcome will be affected. In a situation where the evidence will be concrete, the results will happen as anticipated.
Demonstrating that the personnel involved were aware of these laws
Before one is given a valid driving license to drive on road, he or she has to undergo a training. From the training, he or she has to an exam that will determine the fate. I he or she passes the exam, he is awarded with a valid driving license. During the process of training, the road rules are well taught to the drivers (Dodds, 2016). So once they come out, they are always aware of the road rules and the consequences. Therefore, this proves that, the driver was aware of the rules and laws that should be observed while driving.
Reference
Dodds, J. A. (2016). North Carolina law expands pool of eligible healthcare professionals to oversee executions by lethal injection. Journal of medical ethics, medethics-2015.
Jacobs, L. M., Warshaw, A. L., & Burns, K. J. (2016). Empowering the public to improve survival in mass casualty events. Annals of surgery, 263(5), 860-861.
Running head: EMT RESPONSE AND MOTOR VEHICLE LAW 1
EMT RESPONSE AND MOTOR VEHICLE LAW 5
EMT Response and Motor Vehicle Law
Paul Grasso
CSU
An EMS training is compulsory to ensure all EMT Response personnel are aware of the importance of EMT Response and Motor Vehicle Law, policy, procedures, and the requirements It also provides awareness of significant legal aspects and associated actual or potential impacts related with their work and the legal benefits of enhanced personal performance. The training gives a provision of the roles and duties in accomplishing conformity with the EMS requirements as well as the potential repercussions of deviating from stated procedures.
After the application and hiring process, two levels of EMS training take place managed by the EMS Coordinator who provides training to all new personnel who work in the EMS facilities. In addition, the main objective of this kind of training is to give an overview of what is expected in regard to EMS policy, important aspects, aims, and targets. The EMS Coordinator will identify new employees, develop and maintain training. The specific roles and duties of members of the EMT Response under the EMS are reviewed regularly and periodically revisited so as to approve any changes (Hafter & Fedor, 2004).
Competency
It is the organization’s position that all EMT Response personnel, in order to be allocated to specific roles within the organization, are technically competent to conduct such responsibilities accordingly as per the stipulated policies, instructions and procedures. The EMT Response technical competency should be evaluated on an individual’s basis utilizing the Performance Appraisal and Recognition System as well as via internal and external audits where compliance audits and laboratory certification audits are done. Any competency deficiencies noted are immediately addressed and corrected.
The EMT Response coordinator establishes the competency level required and ability, depending on the training received and the experience of the personnel allocated to particular responsibilities associated with the activities of the EMS. It follows that only competent personnel are allocated EMS-related duties. Tracking of this EMT Response training is based on the kind and objective of the training. This tracking involves training records, attendance records, internal memos as well as agenda minutes.
Quality Assurance and Control
The consistent adherence to the procedural steps during training should accomplish the desired results associated with the emergency medical services training, legal framework awareness and technical competency of the organization’s personnel allocated to EMT Response duties. In overall, the quality assurance and quality control measures on the success of the personal training, awareness, and competency process are established via both the internal and external emergency medical services conformance and legal compliance audit processes.
State and local laws and Regulations- EMT Response Service Licenses
The most significant state laws and regulation with which the EMS agency is required to comply that relate to the ongoing competency of personnel is the First Responder Service License which is only given for a particular service at a particular level of operation, and at a single base medical facility. Prior to any changes to these factors, the service should obtain a new license. The EMS agency should notify the authority of any expected change in one of these factors at least a month prior and make an application for a license renewal. The licensing authority then renews, cancel or conditionally provide the license within a period of two months (Porter, 2011).
EMT Response service must be uniquely licensed for each emergency medical services facility it operates from. The license covers a single base facility if all EMT responses arise within a municipality or within a 9-1-1 service area. The applicant for EMT Response service must prove through precise demonstration to the legal authority that its personnel is adequate to offer services consistently throughout the year as well as have proper training. The license requires the applicant o prove proper maintenance of internal systems of credentialing as well as improvement to safeguard the citizens served by the EMS agency.
Evaluation Instruments Utilized in Measuring Competence in The EMS Agency
Rubrics may be utilized to determine levels of competency in the EMS agency where each level of a rubric is described by particular indicators of the overall competency. The rubrics provide a description of the criteria required to achieve a high level of success. The rubrics will describe the quality of performance within the EMS agency. Rubrics provide both formative and summative measures of competence in tracking development assessment over time. An analytic rubric provides a reflection on the beginning level of competence, movement toward mastery level of competency, the accomplishment of mastery level of competence as well as the highest level of competency.
Some of the factors evaluated include; presence of adequate general liability personnel compensation and medical expert liability coverage, availability of applicant screening process to check for crime conviction backgrounds of the EMT Response Service personnel and other sponsored employees. The service has the required equipment utilized in delivering services to areas of need. In addition, any written agreement between the EMT Response Service and ambulance service that offer transport its patients enabling a coordinated dispatch where they remain in effect according to the license duration. Proper, complete and accurate documentation as well as EMS certification provision of all EMS response incidents. Such documentation is available in the SIREN system.
References
DiPrima, P. A., & Benedetto, G. P. (2011). McGraw-Hill’s EMT-paramedic. New York: McGraw-Hill Medical.
Hafter, J. L., & Fedor, V. L. (2004). EMS and the law. Sudbury, MA: Jones and Bartlett Publishers.
Porter, W. J., & American Academy of Orthopaedic Surgeons. (2011). Preplanning for EMS. Sudbury, Mass: Jones and Bartlett Publishers.
Running head:
EMS LEGAL
5
EMS LEGAL
Unit 4 case study EMS legal
Paul Grasso
CSU
Employees are an important part of every business as well as their relationship to each other and most important the organization in which they work. The organization through various personnel management programs ensure personnel are competent to fulfill their duties, have clear guidance as well as creating awareness of policies and procedures that will impact performance. In this case the paper will discuss both the local and state laws that may apply and their legal implications in case of EMT Response and Motor Vehicle Law. In this case, the paper will examine processes that ensure new employees are familiar with the organizational policies, evidence that the employees are aware of the expectations for their position, whether the organization has a drug free workplace commitment, how it is monitored and how are ongoing competency and ability to perform the duties of the position monitored (Perotto et al., 2008).
According to research conducted by Gallup Organization, new employees want a good rapport between the immediate supervisors and the employee (Kompaso, & Sridevi, 2010). Further, they also want an opportunity to use skills and their abilities among others. However beyond the basics employees also want a competent supervisor, accountability, clear expectations of the job and most important professional growth. Focusing on rules and regulations, EMT Agency has a document that clearly states how things should be done. This is important to ensure every employee in this agency works together effectively. New employees, however, can familiarize with the organization rules by following procedures manuals. The EMS coordinator by using manuals will ensure revisions and updates the agency rules and regulations as it changes and grows. This is helpful to new employees because a manual include the organization best practices, the business core process descriptions as well as specific methods and standards for how work is performed. On the other hand, the manual simplifies employee training and instead focus on the organization growth.
Competency
Once workers are selected, it’s the duty of EMT Agency to ensure they are prepared to do their jobs. To facilitate this EMT can use training or conduct orientation programs. Starting with orientation, it means providing employees with basic information about the agency. During this session, the agency could familiarize employees with some of its rules and regulations. Training, on the other hand, is used to ensure employees are introduced to basic knowledge required to perform their jobs. The two programs are important because they can be used to develop a commitment as well as a flexible high-potential workforce and most important socializing new employees. In this case orientations programs improves the rate at which workers in an organization are able to perform their tasks. The essence is that they feel part of the organization’s social fabric (Perotto et al., 2008). The mere hiring and placing of employees do not translate to success rather employees many need training due to changes in the agency environment. EMT coordinator therefore, orients new workers to broad organizational issues such as expectations, rules, and regulations as they may pertain to each employee. However, the EMT Response technical competency should be evaluated on an individual’s basis by utilizing the Performance Appraisal and Recognition System. Any notable deficiencies are immediately addressed as well as corrected. Further, the EMT Response coordinator establishes the competency level required and ability as it pertains to the experience of the personnel to specific responsibilities related to the activities of the agency.
Quality Assurance and Control
The consistent adherence to the procedural steps during training should help accomplish the desired results as related with the emergency medical service training, legal framework awareness and also to mention the technical competency of the agency’s personal allocated to EMT Response duties. Generally the quality assurance and quality measures on the success of the personal training, awareness as well as competency processes established via both internal and external emergency medical services conformance and legal compliance audit processes (Porter, 2011).
Focusing on state and local laws regulations in reference to the previous scenario, EMS agency is required to comply, that relate to the ongoing competency of personnel is the first responder’s service license which is only given for a particular service at a specific level of operation, and at a single base medical facility. However, prior to these changes, the agency should notify the authority of any expected changes in one of these factors at least a month prior and make an application for a license renewal. In this regard, the authority then renews, cancel or conditionally provide the license within a period of two months. EMT Response service must be uniquely licensed for each emergency medical services facility it operates from. The general idea is to ensure applicant proves proper maintenance of internal systems of credentialing as well as improvement to safeguard the citizens served by the EMS agency.
Evaluation instruments utilized in measuring competence in the EMS agency
One way to determine levels of competency in the EMS agency is the use of rubrics that describe particular indicators of the overall competency. The rubrics provide a description of the criteria required to achieve a high level of success. Similar to educational rubrics that describe what is expected of a student in order to ensure maximum scores, the agency can as well use the same to describe the quality of performance within the agency. Rubrics provide both formative and summative measures of competence in tracking development assessment over a given period of time. In addition, an analytic rubric provides a reflection of the beginning level of competence as well as the highest levels of competency.
References
Perotto, E., Canziani, R., Marchesi, R., & Butelli, P. (2008). Environmental performance, indicators and measurement uncertainty in EMS context: a case study. Journal of Cleaner Production, 16(4), 517-530.
Hafter, J. L., & Fedor, V. L. (2004). EMS and the law. Sudbury, MA: Jones and Bartlett Publishers.
Kompaso, S. M., & Sridevi, M. S. (2010). Employee engagement: The key to improving performance. International journal of business and management, 5(12), 89.
Porter, W. J., & American Academy of Orthopaedic Surgeons. (2011). Preplanning for EMS. Sudbury, Mass: Jones and Bartlett Publishers.
