With recent EMS cases being tried under criminal law and making national headlines, there’s a bit of tension and uncertainty running through firehouses and EMS garages across the country. Agencies are speculating about whether or not these cases will have lasting ramifications and if public interest in the cases puts providers’ practices under a new microscope. With all of these questions bouncing around in my mind, I sat down for a discussion with a friend who is a paramedic, a firefighter, and an attorney—with more than 20 years of experience in both EMS and law.
I’ve greatly simplified our conversation into my own legal layman’s terms in order to share it. I learned EMS claims occur more than you may think, but, the cases are not always criminal law. And, when trying to prove criminal negligence, a prosecutor must establish four elements—duty to care, breach of duty, causation, and damages. Courtrooms are supposed to be objective. But, when a case goes in front of a jury, each of the 12 jurors bring their own biases and subjective opinions about right versus wrong. Ultimately, they are asked to decide whether the provider on trial acted “within reason.”
Defining “within reason” is where the gray area begins. My friend explained to me that one of the purposes of having protocols is to keep our medical practices within reason. Therefore, following protocols is our best bet as providers to stay within reason. He also mentioned that, since EMS providers work under the license of medical directors, we should not be afraid to call the hospital for consults when patient presentations don’t fit protocols to a tee.
All of this discussion made me think of how tools like Hinckley Medical’s OneWeight® patient scale for ambulance gurneys and OneDose™ interactive protocol-workflow app are not just helpful to have on scene, but may be beneficial to keeping providers out of courtrooms. Acquiring actual patient weight reduces the liability that comes with guesswork. Plus, having in-the-moment access to up-to-date protocols allows us to easily reference proper actions which are “within reason.”
Having access to these tools should never replace being a good provider who has a firm knowledge of protocols. But, in stressful moments on chaotic scenes, these tools can be the difference between a positive patient outcome and a seat on trial.