The Emergency Exception
The emergency exception to the need for informed consent (or any consent) isbased on the premise that a reasonable person would not want to be deniednecessary medical care because he or she happened to be too incapacitated toconsent to the treatment.The legal strictures on the emergency exception are very limiting: the patientmust be incompetent to consent and in need of treatment to save his or her lifeor to prevent permanent disability. This often involves
children, who may bemedically able to consent to treatment but are legally unable to consentbecause of their age. An example is the problem of the 14 year old who hasbroken an arm and is brought to the hospital by a neighbor. Neither the childnor the neighbor is legally able to consent to treatment. The physician mayrely on the emergency exception to consent if immediate care is necessary topreserve the use of the
child's arm.The case law on the definition of an emergency is restrictive because the onlycases that are brought to court involve bizarre facts, such as children beingbrought in for elective surgery without, or against, their
parent's consent. Ifparents were suing a physician because he or she relieved their child'ssuffering, the issue would quickly shift from the physician's liability formalpractice to the
parents' liability for child abuse and neglect. In general,it is better for the physician to be explaining to a jury why he or she helpedsomeone rather than stand by and watch the child lose life or limb.A rare abuse of the emergency exception involves patients who have refused toconsent to specific medical care. The refusal may be based on religiousbeliefs, such as refusing blood transfusions, or on a personal decision, suchas refusing intensive care. If the physician disagrees with such a decision,the time to fight the decision is when it is made. There is no legaljustification for waiting until the patient is unconscious or for physically orchemically restraining a patient and then rendering care against the patient'sconsent. This would not constitute an emergency exception to the need forconsent. On the contrary, it would constitute battery.The major abuse of the emergency exception to the need for consent is its useas a justification for treating chronically ill patients who are incompetent toconsent to medical care. The emergency exception is just that--an exceptionlimited to emergencies. These may be in the emergency room, or they may involvepatients in the hospital who have an unexpected event such as a cardiac arrest.The emergency exception does not apply to an incompetent patient in need ofroutine care. Chronically incompetent patients should have a legal guardian.
FAQs
A police officer can enter a dwelling and conduct a search without a warrant if the officer has probable cause and reasonably believes that the search is immediately necessary to protect life or property.
What is the emergency response exception? ›
A quick definition of emergency exception:
An emergency exception is a legal principle that allows a person to act instinctively to meet a sudden and urgent need for aid without being held to the ordinary standard of reasonable care.
What is the emergency aid exception in the 4th Amendment? ›
Law enforcement may enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury.
What are the 5 emergencies? ›
Five emergency situations include chest pain, choking, stroke, heavy bleeding and severe head injury.
What is the emergency clause? ›
EMERGENCY CLAUSE. A provision in a bill that allows a measure to become effective immediately upon the signature of the Governor. ENACTMENT. The passage of a bill by both houses and the signing by the Governor.
Does a patient have the right to refuse care? ›
All adults with decision-making capacity (i.e. able to make decisions for themselves) have the right to accept or decline medical treatment—even if decisions may result in a poor outcome, including death.
What are 3 things emergency response will ask? ›
How to report an emergency
| WHERE? | Where are you? Where is the scene? The location of the emergency, including the street address. |
|---|
| WHO? | Who's involved? Is anyone hurt? Name(s) and/or physical description(s) of people involved. |
| WHEN? | When did it happen? Is it going on right now? Time. |
| WHY? | Follow-up questions |
1 more rowThey generally vary but often have three basic tiers:
- Code 3: Respond to the call using lights and sirens.
- Code 2: Respond to the call with emergency lights, but without sirens. ...
- Code 1: Respond to the call without emergency lights and sirens.
The focus of the proposed rule is to provide workplace protections for workers who respond to emergencies as part of their regularly assigned duties and would expand the scope of protected workers to include emergency medical service and technical search and rescue.
What are 3 exceptions to the 4th Amendment? ›
Other well-established exceptions to the warrant requirement include consensual searches, certain brief investigatory stops, searches incident to a valid arrest, and seizures of items in plain view.
' ” (People v. Panah (2005) 35 Cal. 4th 395, 465.) The term “exigent circ*mstances” describes “ ' “an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence.
What does exigent circ*mstances mean? ›
Courts typically say that exigent circ*mstances are present if a reasonable person would believe that quick action was necessary so that law enforcement could prevent: bodily harm to someone or the destruction of property, the destruction of evidence, or. the escape of a suspect.
What are the 4 life threatening emergencies? ›
Life-threatening medical emergencies are severe situations that can be quite scary. Accidents or injuries that lead to loss of consciousness, impaired cognition, blood loss, head trauma, and/or breathing problems can all potentially be life-threatening.
What are 4 life threatening emergency situations? ›
If the Emergency appears to be Life-Threatening
Examples: Altered mental status, unconsciousness, difficulty breathing, chest pain or discomfort, inability to move, potential head, neck, or spinal injuries, large broken bones, uncontrollable bleeding, stroke, etc. If unsure if it is life threatening treat as if it is.
What are four examples of non emergencies? ›
Examples of Non-Emergency Care
- A cold or the flu.
- Earache.
- Sore throat.
- Using the emergency room for your convenience.
- Using the emergency room during normal physician office hours for medical conditions treatable in a physician's office.
SB 1044 defines an emergency condition as a disaster or extreme peril to the safety of people or property at the workplace caused by natural forces or by a criminal act (such as an active shooter).
What are the exceptions to the warrant requirement? ›
Over the years, the Supreme Court has carved out exceptions to the warrant requirement to prevent valuable evidence from being destroyed. Some of the most common exceptions are searches connected to an arrest, those where the subject consents, and the plain view doctrine.
What is an example of a reasonable emergency search? ›
One situation that is often upheld by the court is the search for an occupant reliably reported missing. An example involved a police entry into a woman's apartment when no one answered the door after the woman was reported missing and her husband was known to carry a gun and have threatened to kill her.
What is an example of an emergency search? ›
For example, if a police officer sees someone breaking into a house and hears screams for help, they can conduct an emergency search without a warrant to find the suspect and ensure the safety of the people inside.
