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Duty of Care
In tort law, duty of care can be defined as The obligation of a person to exercise reasonable care in the conduct of an activity. Breach of a duty of care which causes damage or loss to another may give rise to an action in tort (Legal Services Commission). The definition applies when used in an emergency services context; An ambulance service has a duty of care to a patient who has dialled 000 and the paramedic attending the scene is obliged to treat and transport the patient at the expected level of care (Blaber, 2014). The duty of care is established as soon as the paramedic enters into a patient-carer relationship through direct contact. A paramedic who is treating a patient should assess the situation to determine the severity and nature of the problem at hand in order to provide the proper care required in each situation. The treatment actioned should be within a paramedics scope of practice and in the patients best interest (O'Meara, PF et. All, 2012) Aside from giving treatment, a paramedic also have a duty of care to maintain his or her skills in order to perform their job to the best of their abilities (ACU National Teaching Team). Breaching a duty of care results in what is known as negligence. In tort law, negligence arises when a breach of a duty of care occurs, resulting in the loss or damage to another person (Legal Services Commission). This may occur when a paramedic fails to exercise an acceptable level of care when treating or transporting a patient or his or her clinical skills are below what is expected (ACU National Teaching Team). In cases of negligence, damage may be inflicted upon the patients property or the patient themselves, causing harm. If it can be proven that the harm caused was due to a breach in duty of care by the paramedic, the patient may be eligible to claim recovery for damages (Townsend & Luck, 2012). An example of a dispute arising in relation to duty of care is the Neal v Ambulance Service of NSW case (2008) (Towsend & Luck, 2012). In this case, Mr Neal, a 45 year old man, suffered a blow to his head whilst walking alone in Newcastle. He was discovered by police who then called an ambulance but later refused assistance from paramedics when they tried to persuade him to go to hospital. Due to his intoxication, he was taken in by police as required by law. Overnight, his condition worsened and was admitted to hospital. Mr Neal then went on to take legal action and succeeded. The court found that the paramedics were negligent as they had not informed the police of the possible consequences if Mr Neal was not examined and treated. Although the paramedics made an attempt to persuade the patient, the level of care given was not deemed to be at an acceptable level. In summarising, paramedics have a duty of care to patients during a call out and must make the appropriate decisions in each situation to act in the patients best interest. Failing to do so may result in a paramedic breaching their duty of care which may result in legal action.

References
ACU National Teaching Team. (2014). PARA104 Foundation of Paramedic Practice, Week 3 Lecture notes: Law and Ethics in Paramedic Practice (class handout). School of Paramedicine, ACU, Australia Blaber, A. 2012. Foundations for Paramedic Practice A Theoretical Perspective. Second Edition. Berkshire, England: McGraw-Hill Education. Legal Services Commission (2013). Legal Terms. Retrieved 14/03/14 from http://www.lawhandbook.sa.gov.au/go01.php O'Meara PF, Tourle V, Stirling C, Walker J, Pedler D. Extending the paramedic role in rural Australia: a story of flexibility and innovation. Rural and Remote Health 12: 1978. (Online) 2012. Available: http://www.rrh.org.au Towsend, R & Luck, M. (2012). Applied Paramedic Law and Ethics: Australia and New Zealand. Australia: Elsevier Health Sciences.