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Emergency Law

            Emergency situations that require emergency care are commonplace in society. In Queensland, according to legislation, when medical practitioners undertake their duty in an emergency situation they cannot be held responsible for any act done or omission made in the course of rendering medical health care. This may make it too difficult for legal action to be taken against medical practitioners in certain situation if they do negligently harm or injure the patient. This is supported by review of current legislation and cases.
             Laws that are currently protecting emergency workers are found in the Law Reform Act 1995 (Qld) and Criminal Code 1989 (Qld). The Laws found in the Law Reform Act 1995, states that medical practitioners will not be liable for an act done or an omission made in the course of rendering medical care if:.
             a) at or near the scene of the incident or other occurrence constituting the emergency; or.
             b) while the injured person is being transported from the scene of the incident of other occurrence constituting the emergency to a hospital or other place at which adequate medical care is available.
             The health care work rendering the health care will not be liable for assault for providing health care to a person who is injured or sick to an extent that it is not longer possible for them to refuse or consent health care, if they do require care in an emergency situation. As Judge McHugh said in 1991 in Marion's Case (http://www.Austlii.edu.au) "Consent is not necessary where a surgical procedure or medical treatment must be performed in an emergency and the patient does not have the capacity to consent and no legally authorised representative is available to give consent on his or her behalf". The Marion case involved a situation where the patient was unconscious and unable to consent to surgery that was performed.
             This legislation covers medical practitioners extremely well, but the patient is not adequate covered.


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