The EMT Liability Pop Quiz

There really is a dizzying array of stuff we can do to get ourselves in legal hot water in EMS. I was considering a few this afternoon and I got this idea.

Let’s play a game. I’ll give you a whole list of scenarios and you match the legal transgression to the act. OK, that was a really boring and overly technical way to describe my game.

I’ll say what they did; you tell me what they did wrong. Sound like fun? I agree. Let’s begin.

Here are all the possible answers:

• Sounds OK to me
• Negligence
• Battery
• Abandonment
• Assault

Jot your answers down on a scrap of paper. I’ll be back on Thursday with my answers and the rationale behind them.

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Regarding The Duty To Act

A while back, when I wrote about the duty to act, I emphasized the idea that the duty to act only extends to “on-duty” medical personnel. In fact, my exact words were,

“If you are a trained medical professional and you are acting with an expectation of compensation you have a duty to act appropriately and within the scope of your training when called to assist with an emergency situation.”

I figured I should emphasize the idea that trained EMTs don’t have a duty to act when they aren’t being compensated for their services. This seemed to be the point of greatest confusion. I never thought much about making it clear that while you are on duty, working as an EMT, you are required to act.

I know … it seems painfully obvious. I thought so too. But over the past few weeks, there have just been a slew of stories that seem to fly in the face of the obvious.

First, there was the strange story of the UK paramedic who watched his EMT partner deliver a non-breathing child, didn’t call for any assistance, then watched her try to resuscitate the child. To his credit, he did drive her to the hospital while she continued the resuscitation attempt in the back.

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What Is The Good Samaritan Law?

The term “Good Samaritan” comes from the gospel of Luke. In the parable told by Christ, a Samaritan helped a Jew who had been beaten and robbed. At the time, the Samaritans and Jews were mortal enemies. Through the parable, Jesus attempts to redefine what it means to be a good neighbor.

Reading some recent conversations on the good Samaritan law in a few online forums, I’m reminded not of the biblical parable, but of the parable of the six blind men describing an elephant. Remember that one? One guy feels the side and thinks an elephant is like a wall, the other feels the tail and thinks an elephant is like to a rope? Initiating a discussion on the good Samaritan law in an online forum of EMTs is an invitation for confusion and scorn.

“It only applies to bystanders.”

“No it doesn’t! It only applies to EMS personnel.”

“And only if you’re off duty. Unless you’re a volunteer. And then only … no … wait.” And on and on.

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