Table of contents
Introduction 1
Liability 1
Consent 2
Standards of care 2
Documentation 3
Recent changes in CPR guidelines and their legal implications 3
Conclusion 3
Cardiopulmonary resuscitation, or CPR, is an emergency procedure performed to sustain the life of a cardiac arrest or respiratory failure victim. It is a basic yet vital skill that helps maintain the supply of oxygenated blood to the vital organs. People trained in CPR perform the procedure on victims until advanced medical help arrives.
Medical emergencies such as cardiac arrest can occur anywhere and at any time. Anyone can learn CPR techniques and save lives. However, for CPR healthcare providers, it is mandatory to undergo training. They must hold valid certifications to remain relevant. At the same time, it has significant legal implications for them.
This article is a brief study of the legal aspects of CPR.
Liability
CPR healthcare providers have to deal with the issue of liability if they fail to provide the expected quality of care to the patient. The inherent risks involved with CPR are rib fractures and damage to internal organs. Sometimes, a patient may also undergo psychological trauma. Healthcare providers can face medical malpractice or negligence charges if CPR administration has been incorrect.
Regarding CPR, the court looks mainly into three aspects:
- Whether established guidelines were followed
- If reasonable judgment was exercised
- Whether the healthcare provider acted in the best interests of the patient
Furthermore, liability is determined by considering factors such as the healthcare provider’s training level, resource availability, and the patient’s condition.
Consent
Obtaining the patient’s or their representative’s consent to perform CPR is another crucial legal factor. This aspect may appear strange because CPR intervention usually happens at the spur of the moment. Asking someone’s permission to perform CPR when a person is struggling to pull through seems illogical. However, implied consent laws are in place to protect healthcare providers. For instance, a victim in an emergency may be unable to communicate what they expect verbally. At the same time, they would consent to receiving life-saving treatment; thus, the term implied consent.
Even so, healthcare providers must consider other factors before initiating CPR. These include whether the patient has left instructions in advance, his or her religious beliefs, and cultural preferences. CPR healthcare providers are legally bound to respect patients’ wishes when they explicitly refuse resuscitation with a do-not-resuscitate (DNR) order. Such patient directives can be overruled only by a court order or an applicable law.
Standards of care
Healthcare providers may face legal consequences if they deviate from established standards of care, and their actions may be treated as negligence or medical malpractice. Hence, healthcare providers must remain updated about current guidelines. They must also continually seek certification renewal and undergo regular training.
Documentation
The legal risks associated with CPR can be alleviated with proper and accurate documentation. CPR healthcare providers must carefully document the entire process. It should begin with a valid reason for administering CPR, interventions performed, and outcomes. Besides being a legal record, detailed documentation proves the care provided was standard and with the patient’s permission.
Moreover, documentation is important as it proves the healthcare provider adhered to ethical and legal principles. It records discussions between the provider and the patient/family members about CPR preferences and other related details. Hence, if a legal dispute gets triggered over CPR going wrong, such documentation can favor the healthcare provider.
Recent changes in CPR guidelines and their legal implications
CPR guidelines change from time to time because of breakthroughs in medical research, including best practices. CPR healthcare providers must be alert to such changes. The new guidelines may call for changes to protocols, training procedures, and the way to maintain documentation.
Recent updates in CPR guidelines and their legal implications:
- Compression-only CPR: The authorities are promoting compression-only CPR over mouth-to-mouth resuscitation to simplify the procedure. The emphasis on continuous chest compressions in cardiac arrest cases has increased the likelihood of bystander and layperson intervention. However, this approach can give rise to legal implications concerning the expected standard of care. CPR healthcare providers are expected to provide comprehensive resuscitation in line with established guidelines.
- High-quality CPR: According to updated guidelines, adequate compression depth, rate, recoil, and minimal interruptions in chest compressions define high-quality CPR. Healthcare providers can face the court’s ire if they fail to follow the proper procedures and techniques. It’s up to the courts to assess whether the training received was adequate and if established protocols were followed.
- Integration of technology: Technological advances have enabled the introduction of sophisticated devices into CPR interventions. Such devices include automated external defibrillators (AEDs) and mechanical chest compression devices. These are particularly useful outside healthcare facility settings. Healthcare providers must be trained to use and maintain these devices effectively. Medical facilities and providers may face legal challenges if guidelines are not adhered to properly.
Furthermore, recently updated CPR guidelines have special considerations for pregnant women, pediatric patients, and drug abuse or drowning victims,Also learn more about how long does cpr lasts. CPR techniques for these patient populations must be factored into these considerations. Any deviation from established guidelines and negative patient outcomes can attract legal penalties.
Conclusion
The primary function of CPR is to save the lives of individuals experiencing cardiac arrest or respiratory failure. However, recent changes in CPR guidelines include legal implications for causing adverse outcomes by failing to provide the procedure correctly. CPR healthcare providers must consider issues such as patient consent, quality of care, and proper documentation. Legal risks can be minimized when healthcare providers follow established guidelines, provide quality care, seek informed consent, and document everything.
Source: Explore
