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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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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This week I’d like to explore two related topics that tend to create a bunch of confusion – the duty to act and the good Samaritan law. If you want to see a room full of EMTs argue with each other, ask a 
question like, “So, when does an EMT have a legal duty to act?” or “To whom does the good sam law really apply?” These are subjects where myth and confusion are more common than fact so lets jump in to these two, often confusing, legal tenants.
Today we’ll look at the duty to act and on Thursday we’ll dive in to the good samaritan law.
On duty or off duty, paid or volunteer, in or out of uniform, when do you, as a professional rescuer really have a legal duty to act? Once you have a duty to act, what does that mean for your care and your liability? The true meaning of the duty to act can be confusing.
One of the things that make legal definitions like the duty to act so hard to nail down is the fact that they are not elements of federal law. They can’t be applied universally to caregivers around the nation. If they were we could say, “Here in the United States the duty to act is defined as … This is different from Canada and Great Britain where …” But it isn’t that simple. Depending on which country, state or territory you live in, the duty to act can mean very different things.
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