What is intentionally touching a patient without his or her permission?

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asked Jan 31, 2022 in Other- Health by crutchscrew (830 points)
What is intentionally touching a patient without his or her permission?

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answered Jan 31, 2022 by Hiphopharry (2,210 points)
Intentionally touching a patient without his or her permission is known as battery or even sexual battery in some cases.

However some doctors or nurses may need to touch a patient when they are not aware but only for actual medical treatment.

But if not then the doctor or nurse etc can be charged with battery.

If you've been admitted to the hospital and leave the hospital without being discharged the hospital cannot stop you from leaving unless you're under a psych hold or you're a minor.

If you do just walk out of the hospital then it will be listed as leaving against medical advice and your insurance may not pay for the hospital treatment.

If a hospital holds you against your will without legal reasons to do so then they can be in trouble for false imprisonment.

Hospitals can only refuse medical treatment if you're not actually needing emergency medical care.

If your hospital visit is because of an emergency then the hospital cannot under federal law refuse treatment.

According to federal law, under the Emergency Medical Treatment and Labor Act, any patient who is hospitalized needing emergency care must be treated regardless of the circumstances, including that person's insurance status or ability to pay.

Providers can be fined and even prosecuted for violations of the statute.

Some reasons a hospital may refuse treatment are.

The facility does not have the appropriate medical staff or equipment to treat the illness or injury.
The hospital has limited resources and cannot possibly manage all cases that come to it.

You can refuse hospitalization if you're in your right mind and are not a minor and can make your own decisions.

You can refuse to go to the hospital for treatment if you're not a minor and are an adult who is capable of making your own decisions.

However if EMS shows up and you're severely injured such as bleeding badly then they can force you to go to the hospital if you're unable to sign any papers.

In that case they can and will usually force you into the ambulance and take you to the hospital and when you get to the hospital you can refuse treatment.

You cannot be forced to have medical treatment unless you're a minor, have a guardian or you're not capable of making decisions yourself.

You can be refused an ambulance if you're on a list of being an abuser of the ambulance system.

However if you do call for an ambulance and they think you're not in a serious medical emergency then a first responder will usually show up first to check you out.

Then if you're deemed to be faking it they can refuse to request the other ambulance.

You can refuse medical treatment for yourself even if it means death as long as you're able to make that decision.

However if EMS show up and you're severely injured then the EMS can legally force you to the hospital at least but then at the hospital you can refuse any further treatment if you so desire.

Courts have upheld the right of patients to choose their own medical treatment, even when their decisions may lead to health impairment or death.

The right to refuse medical treatment can only be overridden when a patient is deemed by a court to be lacking in decision capacity.

If someone refuses an ambulances the EMS will usually have the patient sign a waiver saying they refused medical treatment.

However if someone is not able to make decisions themselves or they are a minor or have a severe injury and need medical treatment then the patient can be forced to go to the hospital.

EMS can refuse transport of a patient if they are a danger to the EMS or if they are known as an abuser of medical services.

You can be forced to go to the hospital by EMS or the police if you are unable to make decisions for yourself or you are severely injured and are not in your right state of mind etc.

If you're injured enough and about to bleed to death or have been shot or something severe like that then yes you can be forced to go to the hospital by EMS.

A patient can refuse treatment from EMS if they are coherent and can make decisions themselves.

If the patient is not severely injured or their injuries are not life threatening then they can refuse treatment but if the injuries are life threatening and they cannot make decisions properly then EMS can force the patient into the ambulance and force them to get treatment.

If you call an ambulance for someone else the ambulance will respond and then assess the patient.

Then if the patient is coherent and not confused etc and they refuse treatment or transport then the EMS will usually have the patient sign a waiver relieving them of any responsibility should something happen to them when they leave.

However if the patient is not coherent and is confused and can't make decisions themselves then the EMS can force the patient to go to the hospital and even restrain them to do so.

2 ambulances may be called to a scene if there's more than one patient or if they need more medical help.

Or the second ambulance can also be a first responder ambulance.

It’s also possible, if the ambulances met each other, that it was an ALS (Advanced Life Support) backup.

If a patient is picked up by a basic EMT crew, and needs more advanced care on the way to the hospital, another ambulance with a paramedic will intercept them.

The medic will get on board the other ambulance and treat the patient with medications and other treatments that the basic crew can’t provide.

Some services use a fly car, usually a small SUV, to meet the ambulance, others use another ambulance.

The reason they send 2 ambulances is because one is usually a first responder ambulance local to you and the other ambulance is the transport ambulance that takes you to the hospital.

When you call an ambulance usually a first responder ambulance will respond.

The first responder ambulance is closest to your location and will respond first and then if needed the other ambulance that takes you to the hospital will show up.

In some cases you may not even need to be transported to the hospital and treatment can be done at your home or location by the first responding ambulance.

However if you do need to go to the hospital then the first responder will request the second ambulance to come to you to take you to the hospital.

Even firefighters may show up before an ambulance if they are closest to your location.

Firefighters are also trained EMT and can render medical aid to you while they wait on the ambulance to come and transport you to the hospital.

So in some cases a firefighter may show up or a first responder may show up in their personal vehicle or even the police and then the ambulance depending on who is closest to you.

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