Another observation from the Ambulance Chaser on EMS liability. Yes, it’s true that there’s a ton of immunity from civil liability for EMS providers, especially those employed by a government agency.
Here are some other truisms that didn’t make the cut.
1) Immunity from liability doesn’t equal immunity from suit. In other words, there’s absolutely nothing to prevent you from being sued for any reason or no reason at all. And guess who’s going to pay for your legal fees? Yep. You guessed it. In most cases, you’ll be paying for an attorney. Even if your employer provides legal counsel, be certain of who they represent. Your legal interests and your employer’s legal interests may not necessarily be one in the same.
2) Lawsuit aside, you can always face administrative liability from your state or local EMS regulatory body. What does that mean? Quite simply, even if you can’t be found civilly liable for your foul-up, it’s quite easy to even inadvertently violate your area’s EMS laws and regulations, especially since most of them have a generic rule saying “don’t be a Whatshisname.” Granted, you probably won’t be subject to a huge financial hit like you would from a lawsuit. However, you’ll still probably want an attorney to defend your certification/licensure. And yep, that governmental body can sanction, restrict, or revoke your certification.
3) Finally, just like any other employer, someone can always complain to management about you. So, yep, your bosses may have the supervisors, HR department, or the clinical folks investigate you. And management definitely considers employees to be their greatest asset — until said employee becomes a liability.
So, here’s some advice that I borrowed (with permission) from Mr. Too Old To Work, Too Young To Retire, who’s now happily retired from a large third-service New England EMS system.
1) Answer the radio when the dispatcher calls you. Or the page, or the phone, depending on how you are dispatched.
2) Go to the call as quickly as safely possible.
3) Be courteous to the patient and family.
4) Take them to the hospital.
5) Keep them warm, as in make sure they are comfortable and have a blanket.
And the other advice from your friendly neighborhood Ambulance Chaser — GET LIABILITY INSURANCE. It’s not just about the ability to pay a lawsuit judgment (which we know is unlikely), it’s about the insurance company having to provide you with a lawyer if you’re sued. And many liability policies cover legal fees relating to an administrative complaint or hearing as well. To me, your livelihood is worth it.
But… but… but if I get liability insurance I’m more likely to get sued!
No one needs to know about your insurance except you and your attorney if you ever needed one. Liability insurance also ensured a good night’s sleep for me for many years.
Common myths people give for not getting insurance:
“No one is going to sue the Paramedic. We’re poor.”
“My employer will protect me in a lawsuit.”
Re: Item 5. In my limited experience with both inter-facility transfers and 9-1-1 response, it was my experience that often the very little things had a huge impact on those for whom I cared. Simply holding the patient’s hand had a positive outcome, often calming a nervous or agitated patient. We would give the patient one of the stuffed animals that we carried for pediatric patients and that seemed to make things better, too. And it seemed that if the patient was happy, everyone else was happy as well. In other words, keep the human factor part of protocols.
With respect, how does one get sued for “no reason at all”. For years and years I’ve heard EMS instructors and “Firehouse” lawyers regurgitate “You can be sued for anything”. Wouldn’t they have to show there was harm done?
Tony — there’s a huge difference between being found liable and being sued. A judge or jury finds you liable. You can be sued when someone files the petition with the clerk of the court and pays a filing fee.