Right to refuse medical/EMT treatment and transport?
I was waiting for a traffic light to change when a drunk driver plowed into my rear bumper, basically destroying both cars . I emerged without damage and provided first aid to the bleeding drunk. Someone must have called 911 because an ambulance arrived along with the police; I politely told the EMT's that I did not want any evaluation, treatment or transport. The economy has left me without health insurance despite a good job; I don't want to incur and medical expenses that I don't feel that I absolutely need (I understand that in an ideal world that everyone involved in a MVA would get checked out for hidden injuries, but it's my gamble to skip it). The EMT kept getting in my face and she was basically trying to force me into the ambulance despite my refusal. I told her that I was alert and oriented, a competent adult and that I'm refusing any and all evaluation, treatment or transport. She told me that I didn't have any choice and told me that if I didn't get in the ambulance that she would have the police officer convince me, all the while trying to push me into the ambulance. At wit's end, I called the cop over and asked her to explain to the EMT my right to refuse treatment..at which point I had 2 women trying to push me into the ambulance. Finally, the cop agreed that in this state (PA), a competent adult has a right to refuse treatment, but that I was being stupid (my choice) and that someone covered in blood should definately go to the hospital. Then one of the medics told the cop: "it's not his blood; he was treating the drunk who hit him from behind and probably prevented the guy from bleeding out". Big deal, I said, just please let me alone, I have a ight to refuse and didn't break any laws. Then the weird part: the cop agrees that I have a right to refuse, compliments me on assisting the other driver, then she tells me that I'm going to the hospital regardless and called me a hero (not)...the other driver died, so my help didn't matter....despite my protests, they transported me anyway. En route to the hospital, I called the local police to meet me at the emergency room because I was being held against my will. Upon arrial at the hospital, the cops that I called got into an argument with the EMT's..I asked the police to either arrest me or to make the EMT's let me go. Finally, the EMT's told me that they would let me go if I signed a refusal of treatment and transport form which I declined to sign; I told them that you have already treated and transported me against my will so why should I sign a refusal of the same services? I told them that I'm not paying for anything; I didn't call them nor did I consent to anything. The EMT's got quite angry, but the cops at the ER affirmed my right to refuse and that I didn't have to sign anything, so everyone finally went to neutral corners. This was last night; it was an abuse of authority. Is there any way that I have to pay for any of this?
Thanks for all the comments......I just got a call from the ER doc asking me to return for an evaluation....I asked her if I gave them the $500 in cash that I keep for emergencies, could I just get that amount of ER services? I know that this is impossible and fully expecyed her to hang up...but she told me that she would inquire and callback shortly. She just called back and asked again if I was the guy who stopped the bleeding on th drunk (yes, not sure why they keep asking); she said that direct pressure was great even though the guy died. I thanked her for the call, but said that I don't want to incure bills that I can't/won't pay...I have a good job but don't want to jeopardize my family by running up absurd and probably unecessary ER bills. This doc told me tha she will assure me that I can be seen without cost; when I again offered th $500 in cash, she said to leave it at home. Never talked to a doctor who was so totally supportive; now I have to decide if I should go to the E
Public Comments
1. Shouldn't have too. That was one gung-ho EMT,lol. Signing a AMA form wasn't a big deal though. It's just to cover them if you find you do have some related injury later on. What you did for the other driver did matter by the way. At least you tried.
an x-ray tech
2. No..you are not liable for any of it! In the first place, the accident was the other driver's fault, so any bills should be sent to his ins. co. Secondly, you are absolutely correct..no one can force medical treatment if you refuse it. This is STILL America, and you have every right to refuse medical care. I think that a big part of it is that either the EMTs or the hosipital are so worried about lawsuits these days that they force us into things we don't want or NEED just to cover their own behinds! Stick to your guns and don't give them a penny!
3. You may not have medical insurance but the guy that hit you probably has liability insurance and they will pay any charges that you incur. If they did not have car insurance then perhaps you have uninsured motorist coverage on your own policy and that would be the payer.
I think that you made an error in judgement (maybe not) but it is likely that had you been examined and even though no injuries were found the medical report would still be on file. If 2 or 3 weeks go by and you start to get a stiff neck then there is no medical report to go back to that state you were in an accident. You could end up paying any expenses for future treatment out of your own pocket and you have probably lowered any settlement offers that the insurance companies would have given.
Killed the drunk, wow they are usually the ones that survive and the innocent ones are the ones that end up dead. Lucky You
4. If you are not unconscious and you are lucid, you have every right to express your desire to be let alone by any EMT or helpful standers-by. Should your injuries then overwhelm you, they obtain your "implied consent" to assist you, under the theory that "danger invites rescue", and their duty protocols. In effect, they were called to assist, and would have gladly done so, if not prevented, thus making it someone else's problem, as you received no actual benefit from their preparedness.
You cannot be charged. In fact, you cannot be legally TOUCHED by someone you have told not to, at least as long as you remain able to express your objections.
This happened to me in a plane crash (I was the pilot) when the responding paramedics and fire/rescue crews were surprised that I had not only survived the dramatic wreck but had extricated myself and walked away to sit where they found me, having suffered only a broken ankle (which I only discovered later). I refused their assistance and refused to sign anything (in my somewhat dazed state it was arguably unreliable anyway), and they eventually went away as the news reporters started to crowd around and other local officials began to protect me from further badgering (including one REALLY irate airport manager). I never received any bills from anyone, not even for the deductible on the insurance for the destroyed aircraft or the cost of removing it.
5. You have a possible claim against the hospital/EMT for battery and possibly false imprisonment. Battery is the harmful or offensive slightest touching that is not privileged. Obviously, pushing someone is offensive. Generally, EMTs should not be pushing, shoving, or hitting the injured who refuse medical treatment pursuant to a legal right. Indeed, the US Supreme Court has stated that you have a constitutional right to refuse medical treatment. Contact a Pennsylvania personal injury attorney if you feel so inclined, otherwise don't worry about it. Go get medical services if you are injured.
Anyway, you could sue the drunk driver and his estate to get compensation for your vehicle and any injuries you may have sustained. The drunk's insurance company would have to pay. The drunk's estate would include money in his accounts, his retirement funds, etc. You are entitled to this money for the expenses you incur. The survivors of this drunk will put his estate through probate including his house. This is when creditors such as his credit card companies ask for their money. This is also when people sue to get what is owed to them and it always happens this way. Talk to your insurance company and an attorney.