Review Patient Refusal Waiver

Patient refusals are a very sensitive issue and claims experience shows that these can become very complicated and difficult to defend when litigated.  Problems occur when a person who has refused treatment and/or transport, suffers harmful consequences after the EMS service leaves.  Some of the significant legal questions that arise are:

1. Can it be determined what information the patient was given to make the decision to refuse treatment and/or transport?
2. Did the patient have the capacity to make an informed decision?
3. Did they fully understand the risks that they were taking by refusing treatment or transport?
4. What options were given to the patient if they changed their mind regarding treatment or transport?
5. Did the signed form include legal language which could not be easily understood?

Many of these problems are as a result of the use of an improperly developed or processed patient form.  VFIS’ experience finds that many existing Patient Refusal Forms are improperly written and/or formatted.  These weaknesses may cause confusion and potentially weaken the defense of the form.  Additionally, financial responsibility clauses or insurance releases should never be included on the patient refusal form. 

Your organization currently utilizes a patient refusal form.  However, in review of this form, we feel that there are a number of areas of the form which contain either undesirable language or information which could be improved.  Please review the reference sample form for comparison.  The information on the VFIS form may be used by your service in whole or in part. Any modifications you make to your form should be reviewed by your attorney prior to use.

Available Resources

• EMS Patient Refusal Checklist - Spanish
• EMS Patient Refusal Information Sheet
• EMS Patient Refusal Checklist