EMALB First Responders (FR) Practice EXAM

What is the legal basis for an Emergency Medical Assistant to provide care after a patient refuses it but later becomes unconscious?

1. Implied consent

2. Explicit consent

3. Informed consent

4. Rescuer's privilege

The correct answer is: Implied consent

Implied consent is the correct answer because it applies in emergencies when a patient is unable to provide consent due to their condition. When a patient initially refuses care but then becomes unconscious, it is reasonable for the Emergency Medical Assistant to assume that if the patient were able to respond, they would want life-saving treatment. The law recognizes the need for prompt medical intervention in life-threatening situations, allowing for implied consent to be invoked. In such cases, the underlying principle is that individuals expect to receive care in emergencies, and consent is implied due to the patient's changed state. This ensures that medical personnel can act to preserve life and provide necessary treatment without running the risk of legal repercussions, as the patient is no longer in a position to refuse care. Other forms of consent, such as explicit or informed consent, generally require active agreement and understanding from the patient before care can commence. Rescuer's privilege also does not directly apply here, as it pertains more to the legal protection granted to first responders in certain situations rather than addressing the issue of consent following a patient's change in condition.