This is a (modified) post that I shared on an online EMS forum where a discussion turned into a legal discussion on the use of Epi-Pens. It pretty much sums where I’m at on giving legal opinions in these forums. This rationale, combined with my recently growing disdain for the state of online EMS discussions and the lack of an attorney-client relationship (IE, you’re not paying me) pretty much sum it all up for me.
While I do enjoy educating folks on medical-legal issues, I really try to stay out of these discussions for a couple of reasons.
First, laws regarding tort liability (including duty to act and negligence), Good Samaritan statutes, and regulations on EMS practice are INCREDIBLY variable from state to state. The overwhelming majority of laws relating to EMS are enacted and interpreted at the state level. As I’m a Texas attorney, any opinions that I might have, which are NOT legal advice, would be based solely on my understandings of Texas law, which probably wouldn’t apply unless the case occured in Texas.
Second, each situation has a different set of facts. As the old saying goes, bad facts make for bad law. I really hesitate to get into a fact-specific situation as the specific facts of a case, even hypothetical, may lead to a legal conclusion that might not be generally applicable.
Finally, while I do enjoy the educational opportunities and the banter, I often find myself in a situation where I’m fighting a non-attorney whose arguments and understandings are based on dogma, personal biases, urban legends, war stories from their instructor, and a lack of understanding of law and legal reasoning turn the discussion into the legal equivalent of arguing with a brick wall. Such is the nature of some EMS forums online. Further, it pains me when so many people want to protect their professional bailiwicks such as EMS or nursing, yet feel perfectly comfortable giving a legal opinion.
I apologize for disappointing, but I decline to participate in giving an opinion on the facts presented in what may or may not be a hypothetical discussion. I do appreciate the opportunity to share why I participate so rarely in EMS legal discussions online, though.
Never argue with stupid people.
They’ll just drag you down to their level and beat you with experience.
I think, and you’ve brought this up before, a hugely misunderstood concept for all persons is that of immunity. Many folks ask the mistaken question, “can I do/not do X without being sued?”
The answer is No, you can always be sued 🙂
What they’re really asking in these cases is if they’re immune from liable…and as you rightfully point out that is one sticky wicket best left to their lawyer. (Which in the great State of Texas could be our favorite Ambulance Chaser)
So you’re saying I shouldn’t put the paramedic sticker on my car?
Texas has laws?
Enjoying the blog. Thanks.
So, can I put red or blue lights on my personal vehicle? Or both?
Been reading your posts on forums and here. I just moved from NY to Texas. I have some questions about EMS in TX. My email is brianwitte22@gmail.com
Email me if its not too much. Thanks!