Transporting Nonpatients

One area that has potential legal exposure is the practice of transporting parents (or guardian). The potential risks include additional weight and space factors and that the parent may misinterpret events that later might be claimed to involve malpractice.

The noise, vibration, turbulence, enclosed space, and unfamiliarity with a helicopter or ambulance transport, coupled with the emotional aspects of a family medical emergency, can result in the parent passenger becoming an additional patient who requires medical attention that could interfere with the team's ability to care for the primary patient. This disruption endangers the team in a legal sense and could endanger the original patient and the family member with resulting medical and legal risk. There should always be a transport team member assigned to be the primary contact for the parent. If the team is unable to provide that support, it may not be ideal to include a passenger on the transport. Children who are not patients should be trans­ported in an alternative passenger vehicle, whenever possible.

For teams that allow or encourage parent passengers or observers, insur­ance carriers should be consulted to ensure that there is appropriate liability coverage. Documentation and consent procedures suggested by the insur­ance company and/or attorney should be considered.

Examples of transport-related forms are provided in Appendices C and F. The examples are supplied to provide drafting ideas and are not for direct incorporation into a program without local legal review. Examples of these forms are also provided in the text, Providing Emergency Care Under Federal Law: EMTALA, by the American College of Emergency Physicians and R.A. Bitterman and its 2004 Supplement (see Selected Readings).

Additionally, for additional guidance or recommendation on states' dif­ferences in standards of care, refer to the AAP Division of State Government Affairs (800.433.9016, extension 7799 or stgov@aap.org).