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An employee commits a terrible crime – should the employer be liable?  In this episode, we explore the nuances of negligent hiring, retention, supervision, and training.  What does it mean for an employee to be “in the scope of employment” to allow their employer to be sued in the first place?  When is an EMS agency responsible for its own negligence in keeping a problematic employee on staff?  If an employee commits a terrible crime, is the agency automatically off the hook?  Please like, comment, and subscribe!    See omnystudio.com/listener for privacy information.

Season 3 is here! The release of the police body camera footage in the cases of Earl Moore, Jr. in Springfield, Illinois and Tyre Nichols in Memphis, Tennessee show EMS personnel at their worst.  In both cases, the providers failed to assess their patients and render proper treatment.  In Illinois, these failures resulted in first degree murder charges; in Tennessee, the firings of the personnel involved.  The results of the cases may differ based upon whether the providers have qualified immunity.  In this episode, Nick and Samantha discuss the legal concept of qualified immunity and its application in the two cases.  We take a hard look at what these cases say about EMS as a profession, and what it means to have the worst of us on public display.  Please like, comment, and subscribe!    The Standard of Care now has an email address!  Contact us directly at standardofcarepodcast@gmail.com!  We want to hear from you!  Tell us about the legal issues you’ve encountered, interesting cases you’d like us to discuss, and let us know what’s on your mind.   Links:   EMS 20/20 Show – Rapid Sequence Information. (2023, January 16). Reaction: Two EMS Workers CHARGED WITH FIRST DEGREE MURDER [Video]. YouTube. https://www.youtube.com/watch?v=HCqL3DF-apE Finton, L. (2023, January 30). Three Memphis Fire Department Personnel Fired for Not Providing Aid to Tyre Nichols. The Commercial Appeal. Retrieved February 3, 2023, from https://www.commercialappeal.com/story/news/crime/2023/01/30/three-memphis-fire-department-personnel-fired-for-not-providing-aid-to-tyre-nichols/69855376007/ JEMS Staff (2023, January 31). Memphis Fire Department Fires Three in Connection to Tyre Nichols' Death. JEMS. Retrieved February 3, 2023, from https://www.jems.com/patient-care/report-tyre-nichols-may-have-survived/#:~:text=Memphis%20Fire%20Department%20Fires%20Three%20in%20Connection%20to%20Tyre%20Nichols'%20Death,-By&text=The%20Memphis%20Fire%20Department%20has,'%20death%2C%20the%20department%20announced Olsen, D. (2023, February 3). New Details Emerge in Case Against EMS Workers Charged with Murder. Illinois Times. Retrieved February 3, 2023, from https://www.illinoistimes.com/springfield/new-details-emerge-in-case-against-ems-workers-charged-with-murder/Content?oid=16407188 WAND Staff (2023, January 16). Police Release Body Cam Footage from Fatal EMS Incident. WAND. Retrieved February 3, 2023, from https://www.wandtv.com/news/police-release-body-cam-footage-from-fatal-ems-incident/article_60ac0d16-9118-11ed-8a09-43e4be2bb405.html See omnystudio.com/listener for privacy information.

It’s the stuff of nightmares and horror stories: the dead rising from the grave.  On August 23, 2020, it happened in Michigan after a woman who was declared deceased by the responding EMS crew “woke up” in a funeral home.  Her case has been described as an instance of “Lazarus Syndrome”, or “autoresuscitation after failed cardiopulmonary resuscitation”, but was it this rare condition or negligence on the part of the providers?  Nick and Samantha discuss the family’s $50 million lawsuit against the City and the providers and examine the clinical and legal issues around patients presumed to be deceased.  Please like, comment, and subscribe!       Links:     Erika Lattimore, as Guardian of Timesha Beauchamp, An Incapacitated Person v. City of Southfield, Michael Storms, Scott Rickard, Phillip Mulligan, and Jake Kroll, In Their Individual Capacity, Jointly And Severally, United States District Court for the Eastern District of Michigan, Civil Action File No. 2:20-cv-12738, filed October 8, 2020.  Complaint available at: http://www.firelawblog.com/wp-content/uploads/sites/19/2020/10/US_DIS_MIED_2_20cv12738_COMPLAINT_filed_by_All_Plaintiffs_against_All_Defe.pdf   Michael Storms, Scott Rickard, Phillip Mulligan, and Jake Kroll v. Oakland County Medical Control Authority et al., United States District Court for the Eastern District of Michigan, Civil Action File No. 4:20-cv-12457, filed September 8, 2020.   Katherine Mims Crocker, Qualified Immunity, Sovereign Immunity, and Systemic Reform, 71 Duke L.J. 1701-1780 (2022), available at: https://scholarship.law.duke.edu/dlj/vol71/iss8/1   Hutchinson, D. and MacDonald, M., (2020, September 16, updated 2020, October 19), “She’s Still Breathing”: Hear 911 Call From Moment Workers Realized Southfield Woman Declared Dead Was Alive, ClickOnDetroit https://www.clickondetroit.com/news/local/2020/09/16/shes-still-breathing-hear-911-call-from-workers-realized-southfield-woman-declared-dead-was-alive/   Kaur, H. et al., (2020, October 20), Family of Woman Who Died Weeks After She Was Found Alive at a Funeral Home Sues Paramedics For $50 Million, CNN, https://www.cnn.com/2020/10/20/us/timesha-beauchamp-dies-lawsuit-trnd   McEvoy, M., (2019, June 21), “Dead Wrong”, EMS1.com https://www.ems1.com/ems-products/medical-monitoring/articles/dead-wrong-RXW3893p2D3u8R3T/   Varone, K. (host). (2020, September 13).  Interview With Attorney For Disciplined Michigan Firefighters In Mistaken Death Pronouncement (No. 35) [Audio podcast episode]. Fire Law Blog. https://podcasts.apple.com/us/podcast/podcast-episode-35-interview-with-attorney-for/id876773998?i=1000491102861   White, E., (2020, December 10), Paramedics Who Wrongly Pronounced Timesha Beauchamp 'Dead' Can Regain Licenses, Detroit Free Press https://www.freep.com/story/news/local/michigan/2020/12/10/timesha-beauchamp-paramedics-regain-licenses/3883480001/   WXYZ Detroit, (2020, October 8), Fieger Files $50 Million Lawsuit in Case of Woman Found Alive After Being Pronounced Dead, https://www.wxyz.com/news/fieger-files-50-million-lawsuit-in-case-of-woman-found-alive-after-being-pronounced-dead   See omnystudio.com/listener for privacy information.

Dispatchers, call-takers, emergency communications officers – our 911 communications staff are our first first responders.  They work to ensure that patients receive the right resources for their emergencies.  But sometimes, it goes wrong.  According to a recently filed lawsuit, a Pennsylvania dispatcher refused to send an ambulance to a patient, resulting in the patient’s death.  The incident was allegedly so egregious that the local district attorney filed criminal charges against the dispatcher and his leadership.  In this episode, Nick and Samantha discuss the case of Titchennell v. Greene County, Pennsylvania, and explore the liability issues for 911 centers.  Please like, comment, and subscribe!       Links:     Kelly D. Titchenell, Administratrix of the Estate of Diania L. Kronk, deceased v. Greene County and Robert J. “Jeff Rhodes”, individually and as an employee of Greene County Emergency Management/911 Communications Center; and Leon Price, individually and as an employee of Greene County Emergency Management/911 Communications Center, Individually and Severally, United States District Court, Western District of Pennsylvania, No. 2:22-CV-890.   CBS Interactive. (2022, July 22). 3 More Charged After 911 Operator Accused of Not Sending Help. CBS News. Retrieved September 1, 2022, from https://www.cbsnews.com/news/911-operator-accused-of-not-sending-help-three-more-charged/ Mark Scolforo | The Associated Press. (2022, July 8). Pa. 911 Dispatcher Charged with Manslaughter After Failing to Send Ambulance. Pennlive. Retrieved September 1, 2022, from https://www.pennlive.com/news/2022/07/pa-911-dispatcher-charged-with-manslaughter-after-failing-to-send-ambulance.html   See omnystudio.com/listener for privacy information.

In April 2022, 81-year old Celeste Salanitri died twelve days after being resuscitated by paramedics.  Unfortunately, she never wanted to be resuscitated in the first place.  Do Not Resuscitate (DNR) laws – and the accompanying forms and rules – can be confusing.  In this episode, Nick and Samantha explain what DNR is – and is not – and explore the legal, ethical and clinical implications of DNRs for EMS providers.  Please like, comment, and subscribe!     Links:   Walser, A. (2022, May 9).  “She Didn’t Want to Be Resuscitated”: Family Says Paramedics Ignoring DNR Order Led to Suffering, ABC Action News/WFTS Tampa Bay https://www.abcactionnews.com/news/local-news/i-team-investigates/she-didnt-want-to-be-resuscitated-family-says-paramedics-ignoring-dnr-order-led-to-suffering State of Florida Do Not Resuscitate Order: https://www.floridahealth.gov/licensing-and-regulation/trauma-system/_documents/dnro-form-multi-lingual2004bwyw.pdf State of Florida Frequently Asked Questions About a Do Not Resuscitate Order (DNRO): https://www.floridahealth.gov/licensing-and-regulation/trauma-system/_documents/dnro-faq.pdf Pope, T., Unwanted Medical Treatment, https://www.thaddeuspope.com/unwantedtreatment.html See omnystudio.com/listener for privacy information.

On this very special crossover episode, Nick and Samantha join Chris and Spencer on the EMS 20/20 podcast to enjoy a multi-layered case discussion peppered with legal issues.  This one is full of exciting flavors: capacity, refusals, maybe a little kidnapping, and a potentially justified assault.  Pull up a chair and join us as we serve up tips for handling a really difficult situation.  Please like, comment, and subscribe!   See omnystudio.com/listener for privacy information.

We are now two years out from the beginning of “The Situation”, which means that it’s time for the lawsuits.  In this episode, Nick and Samantha review a case from Klamath County, Oregon, where the alleged malpractice of the responding paramedics led to a woman’s death from complications of Covid.  This case has some very sad – and shocking – facts.  But it’s not just the medics who may be at fault – it’s the fire chief, his deputy chief, and even the department’s lawyer!  From federal Section 1983 civil rights claims to state law claims for intentional infliction of emotional distress, Nick and Samantha break down why everyone gets the blame.  Is that blame justified here?   Please like, comment, and subscribe!       Links:   Richard Vaughn, Jr. Individually and as Personal Representative for The Estate of Teresa Vaught, Deceased, Richard L. Vaughn, Sr., Marjo Vaughn, Larry Vaughn, Debra Blank, and Vivian Kimbol v. Klamath County Fire District No. 1, an Oregon Special District, Gregory Davis, an individual, Matthew Hitchcock, an individual, Stephen R. Hedlund, P.C., John Does 1-10 and Jane Does 1-5, United States District Court for the District of Oregon, Civil Action File No. 1:22-cv-00161, filed January 31, 2022.   Klamath County Emergency Medical Services, Standing Orders, March 1, 2020   Klamath County Fire District No. 1, Covid-19 Directive, March 17, 2020   Klamath County Emergency Medical Services, Standing Orders, April 1, 2020 See omnystudio.com/listener for privacy information.

In late December 2017, Vanderbilt nurse RaDonda Vaught administered the wrong medication to a patient who subsequently died of an anoxic brain injury.  On March 25, 2022, a Tennessee jury found her guilty of gross neglect of an impaired adult and criminally negligent homicide.  Should providers – especially EMS providers – be worried that a medication error in the field could lead to jail time?  Is every treatment decision potentially a basis for not only civil liability, but criminal as well?  Nick and Samantha ask you to take your seat in the jury box as they discuss what actually happened.  Was this case truly just an “error”, or was there more to the story?  Given the facts as they were presented, and the law that applies to the case, would you have made the same decision?  Please like, comment, and subscribe!     See omnystudio.com/listener for privacy information.

On this episode of the Standard of Care Podcast, Nick and Samantha take a look at some of the liability issues surrounding the use of red lights and sirens.  What does the law allow the driver of an emergency vehicle to do?  What is “due regard”, anyway?  Are shorter response times making drivers more unsafe?  How does a plaintiff prove his or her case against the driver of an emergency vehicle, and what can you as the driver do to protect yourself?  Please like, comment, and subscribe!      Links:  Epps, K. (2019, May 04). EMT sentenced to 1 year in jail for fatal ambulance wreck. Retrieved November 19, 2020, from https://www.ems1.com/ambulance-crash/articles/emt-sentenced-to-1-year-in-jail-for-fatal-ambulance-wreck-o70N1PhOFiuyvdBK/ Janofsky, M. (1993, December 22). Domino's Ends Fast-Pizza Pledge After Big Award to Crash Victim. Retrieved November 19, 2020, from https://www.nytimes.com/1993/12/22/business/domino-s-ends-fast-pizza-pledge-after-big-award-to-crash-victim.html Jarvis, J. L., MD, MS, EMT-P, FACEP, FAEMS, Hamilton, V., MA, EMT-P, Taigman, M., MA, &  Brown, L. H., PhD. (2020). Using Red Lights and Sirens for Emergency Ambulance Response: How Often Are Potentially Life-Saving Interventions Performed? [Abstract]. Prehospital Emergency Care. doi:10.1080/10903127.2020.1797963, from https://www.tandfonline.com/doi/full/10.1080/10903127.2020.1797963 Jarvis, J. L., MD, MS, EMT-P, FACEP, FAEMS & Verkest, M., A.A.S, CCP-C, FP-C, C-NPT, Paramedic. (2019, August 7). The EMS Lighthouse Project: A Dangerous Proposition: Use of Red Lights and Sirens Study [Audio blog post]. Retrieved 2020, from https://www.flightbridgeed.com/index.php/emslighthouseproject-podcast/13-ems-lighthouse-project-podcast/468-a-dangerous-proposition-use-of-red-lights-and-sirens Kupas, D.F., MD, EMT-P, FAEMS, FACEP, et al., (2022, February 14).  Joint Statement on Lights & Siren Vehicle Operations on Emergency Medical Services (EMS) Responses, Retrieved 2022, from https://www.nvfc.org/wp-content/uploads/2022/02/22Feb-Joint-Statement-on-Red-Light-and-Siren-Operations.pdf Kupas, D. F., MD, EMT-P, FAEMS, FACEP. (2017, May). Lights and Sirens Use by Emergency Medical Services (EMS): Above All Do No Harm [Pdf]. Washington DC: U.S. Department of Transportation, National Highway Traffic Safety Administration, Office of Emergency Medical Services (EMS), from https://www.ems.gov/pdf/Lights_and_Sirens_Use_by_EMS_May_2017.pdf LLP, A. (2018, June 30). Louisiana Jury Awards $117 Million to Woman Injured in Ambulance Accident While Pregnant. Retrieved November 19, 2020, from https://www.prnewswire.com/news-releases/louisiana-jury-awards-117-million-to-woman-injured-in-ambulance-accident-while-pregnant-164761026.html Mikkelson, D., & Mikkelson, D. (2011, April). Do Mail Trucks Always Have the Right of Way? Retrieved November 19, 2020, from https://www.snopes.com/fact-check/four-play/ See omnystudio.com/listener for privacy information.

On 8/22/2021, a Colorado grand jury handed down a 32-count criminal indictment against the police officers and EMS personnel involved in the incident that led to Elijah McClain’s death. On this episode of the Standard of Care, Nick and Samantha try to untangle what these indictments could mean for the EMS community. We reach out to our resident experts - former prosecutor (now business lawyer) Chris Timmons and defense attorney (and Samantha’s law school classmate) Stephen Coxen – for answers. How do prosecutors even decide to file charges in a case like this? How does a grand jury work? What are the strengths and weaknesses of the prosecution’s case, and how does a criminal defense attorney defend a client against these charges? What can EMTs and paramedics do to protect themselves from potential criminal liability? Please like, comment, and subscribe! See omnystudio.com/listener for privacy information.

COVID-19 has strained the healthcare system to its breaking point. In this episode of the Standard of Care, Nick and Samantha are joined by Beth Sivertsen, Medical Ethicist and critical care nurse. We examine “crisis standards of care” and what those words mean for EMS. What are crisis standards of care? Who declares that they are in effect? What impact do crisis standards have on EMS providers’ legal obligations to patients? What is the ethical thing to do in a situation where resources are limited, and how should those decisions be made? Please like, comment, and subscribe! See omnystudio.com/listener for privacy information.

On this episode of the Standard of Care Podcast, Nick and Samantha take on the controversial topic of religious accommodations for the COVID-19 vaccines under Title VII of the Civil Rights Act of 1964. Can employees request religious exemptions from vaccinations? What is a “sincerely held religious belief”? What information should employees provide, and what can employers request? What is an “undue hardship” for an employer? See omnystudio.com/listener for privacy information.

Fatigue in EMS isn’t new. Almost every EMT and paramedic has a story. So grab a coffee or an energy drink and join us as Nick and Samantha take a look at a recent case that happened in our own backyards. We consider the criminal and civil liabilities that fatigue creates for EMTs, paramedics, and EMS agencies. What can the tired EMT or paramedic do? What should agencies be doing to decrease the fatigue suffered by employees in the face of increased call volumes and staffing challenges? Will it take a nuclear verdict or two for everyone to get serious about fatigue? See omnystudio.com/listener for privacy information.

Intubations are risky business. Paramedics – and their patients – benefit from the right tools, education, and training. But when does “practicing intubations” become an issue of legal liability? On this episode of the Standard of Care Podcast, Nick and Samantha review the case of the Bellingham, Washington fire department’s intubation practice on a deceased patient. The incident spawned several lawsuits and resulted in the City’s public release of its outside counsel’s confidential investigation. What can an EMT or paramedic faced with a similar situation do? How should an agency handle a patient who dies in the ambulance? What should agencies do to ensure that medics receive proper training on intubations? What options will the agency’s lawyer have – if any? Please like, comment, and subscribe! See omnystudio.com/listener for privacy information.

On this episode of the Standard of Care Podcast, Nick and Samantha try to help EMS providers make sense of one of the most widely known (yet least understood!) laws on the books, the Emergency Medical Treatment and Labor Act (EMTALA). What is the law meant to address? Is EMTALA different for hospital-based and non-hospital-based EMS providers? Can your ambulance be parked at the ER ramp, or your patient turned away? What does the 250-yard rule have to do with care? Has COVID changed the way that EMTALA applies, and can we expect to see these changes continue? Please like, comment, and subscribe! See omnystudio.com/listener for privacy information.

On this episode of the Standard of Care Podcast, Nick and Samantha examine the legal issues of the Elijah McClain case in Colorado. Mr. McClain’s tragic death – and other situations like his - has led politicians to call for bans on the use of ketamine. We look at how Mr. McClain’s lawyers tell his story and what claims they bring against Aurora Fire and its medical director. This case has important lessons for crews, supervision, and medical directors. How can you protect your patient, yourself, and your agency when you encounter these scenes? Please like, comment, and subscribe! Note: This episode was filmed before the City of Aurora released the independent investigation report, but we have added the report to the links. Show Notes / Links Estate of Elijah Javon McClain, by and through its personal representatives Sheneen McClain and Lawayne Mosley; Sheneen McClain, individually; Lawayne Mosley, individually; v. City of Aurora, Colorado, et al., Civil Action No. 20-cv-2389-DDD-NRN, United States District Court for the District of Colorado, Amended Complaint, January 20, 2021 Dickerson, John. "Excited Delirium: The controversial syndrome that can be used to protect police from misconduct charges". CBS 60 Minutes. Retrieved December 20, 2020. Gliha, L. J. (August 14, 2020) Aurora hiring more people for independent Elijah McClain investigation. KDVR. Retrieved from https://kdvr.com/news/aurora-hiring-more-people-forindependent-elijah-mcclain-investigation/ Smith, J., Costello, M., MD, & Villaseñor, R. (February 22, 2021). Investigation Report and Recommendations, available at https://www.auroragov.org/UserFiles/Servers/Server_1881137/File/News%20Items/Investigation%20Report%20and%20Recommendations%20(FINAL).pdf See omnystudio.com/listener for privacy information.

On this episode of the Standard of Care Podcast, Nick and Samantha discuss one of their favorite topics: patient refusals! We examine why patient refusals are a liability trap - how can providers walk the fine line between respecting patient wishes and ensuring that patients receive proper care? We discuss Nick’s handy acronym “CURED” (capacity, understanding, risks, education, decision/documentation). Making sure your patient is CURED protects you as the provider from liability and ensures that your patient is making an informed decision about refusing care. Please like, comment, and subscribe! See omnystudio.com/listener for privacy information.

On this episode of the Standard of Care Podcast, Nick and Samantha roll up their sleeves and discuss the legal impacts of the new COVID-19 vaccine on the EMS workforce. Can an employer mandate that employees receive the vaccine? What is the impact on medical accommodations under the Americans with Disabilities Act (ADA) and religious accommodations under Title VII of the Civil Rights Act of 1964? Are employees potentially covered by workers’ compensation if the vaccine causes injuries? Will advances in science change the way that laws are applied? Please like, comment, and subscribe! See omnystudio.com/listener for privacy information.

Following up on the last episode, and further exploring why people sue, Nick and Samantha take a look at two lawsuits recently filed in Philadelphia, Pennsylvania. Mario Bianchi and Joseph Nocero both died in incidents that occurred two months apart when both attended Philadelphia Eagles games at Lincoln Financial Field. Their deaths are allegedly a result of the poor medical response by National Event Services, the on-site EMS provider. We provide a short refresher on negligence and wrongful death claims, and discuss how paramedics and EMTs who are working events can protect themselves against liability. Please like, comment, and subscribe! See omnystudio.com/listener for privacy information.

In the very first episode of the Standard of Care Podcast, Nick and Samantha take a look at why lawsuits happen to EMS providers. What makes people sue? We talk about some studies that show the reasons why people might take legal action. How can paramedics and EMTs avoid lawsuits? Please like, comment, and subscribe! See omnystudio.com/listener for privacy information.