There is often confusion over the meaning of "capacity" versus "competency" when it comes to providing medical care. It is an important distinction to understand in order to best serve the patient and their needs while protecting the emergency medical service (EMS) provider from legal repercussions. Capacity is the ability to learn, process, and make decisions based on the information given. In an emergency management context, the patient being treated can understand the risks, burden (financial and otherwise), and the benefits and alternatives to the proposed treatment (medical decision-making capacity). Competence is a legal (not medical) term stating that a court of law has decided whether a person can make their own decisions. A person is competent only as deemed by a court (although a medical person can determine competency). A person can make a medical decision based on real-time assessment. Any emergency medical technician or paramedic has the ability and the duty to assess each patient's capacity to best serve the patient's needs.
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