In Court, the Lawyers Would Always Ask :”Officer, what training have you had regarding________?”

As a police officer the testifying in court is an important part of the job. Officers received training on what to expect in court, things like: Courtroom Demeanor covering ways to behave, use body language, listen to- and answer only- the questions asked, and so on.
One thing I found nearly every time I was in court, somewhere during my testimony , the question would be asked of me: “Officer, what training have you had regarding________?” If it were a case where I had made a DWI arrest, I would be asked about the level of my training, how recent any continuing training had been, as well as my experience with DWI arrests. If the case involved the use of force, any technique used, as well as any tool used was subject to the same line of questioning. When a lawyer would ask about why I did or did not do something, my initial reply would be “Based upon my training and experience, I_____.” training and experience
Right about now you are thinking to yourself… What does that have to do with the use of force on the job in medicine?

 

Consider the following:

If you received a subpoena today, summoning you to court in the near future, could produce a certificate of training for various medical courses you have attended? Most could immediately respond with a resounding “Yes.” Providers both in-hospital and pre-hospital can put their hands on not only their certificate/license/registry for their current position/title, but they can provide a plethora of CMEs, CMHs, or CEUs for the alphabet classes of required training- ACLS, PALS, PHTLS, ATLS, BTLS, CPR, PEPP… you get the picture.

A restraint situation is the leading “incident” in which a criminal assault occurs in medicine. Either by a person who is supposed to be a patient, (turned criminal attacker) toward staff, or staff using force, sometimes criminally, on a person labeled a patient. Let’s say the subpoena you just received is due to a person naming you and your agency in a lawsuit over an injury they claim they received when you restrained them.

What could you show, if asked, in the form of documented, formal training on restraints?

Was that training in the application of the soft restraints and documenting such, and did it cover the mechanics of control in which to place a person in a position to actually apply the restraints? How many people should be involved in placing a person in restraints according to the NAEMSP?

If caught on camera, would your actions be viewed as providing a recognized form of medical treatment, or taking custody like the police?

Here is a breakdown of what I call RESTRAINT MATH

One can’t offer a solution until they know what the problem is.