Duty to Act Info

reaper

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That news to me!
 

abriggs

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NJ has no duty to act when off duty.
 

mbcwgrl

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In Colorado there is no "Duty to Act" law off duty. However, say you see an accident and don't stop... And you have the star of life on your car.... And someone notices that you did not stop... And somehow, somewhere it gets back to your company and it is identified it is you... Your company will probably not look to fondly at that... Also, while in uniform most companies request that you help out even if you are not on duty. It looks kinda bad for the company if you just go on about your business wearing their logo!
 

micsaver

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It's my understanding that in MA there is no "duty to act" if you are off-duty. That if you do respond to assist a person with an injury or medical issue that you act at your level of certification. If your an EMT-B you would provide care at that level. Anything less could be considered negligent even with the good samaritan laws.

This is a bit confusing though... if I am off duty and I find a woman that was holding an icepack to her head because she tripped and hit her head... She has no AMS, Pupils = round and reactive, she is pink-warm & dry. No loss of consciousness w/ Slight nausea and dizziness that went away after sitting for a bit. BUT I didn't put her in a collar with a back board (because I was off duty at my non-emt job) and just recommended that she go to the hospital or see her doctor ASAP. She didn't want an ambulance and it didn't seem she needed one. She was picked up and taken to her doctor.

So would that be negligent? Should you really not get involved unless it is major trauma, because then you would call an ambulance anyway?
 

micsaver

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Massachusetts
CHAPTER 111C. EMERGENCY MEDICAL SERVICES SYSTEM

Chapter 111C: Section 21. EMS personnel; good faith performance of duties; limitation on personal liability

Section 21. No EMS personnel certified, accredited or otherwise approved under this chapter, and no additional personnel certified or authorized under section 9, who in the performance of their duties and in good faith render emergency first aid, cardiopulmonary resuscitation, transportation, or other EMS, to an injured person or to a person incapacitated by illness shall be personally liable as a result of rendering such aid or services or, in the case of an emergency medical technician or additional personnel, as a result of transporting such person to a hospital or other health care facility, nor shall they be liable to a hospital for its expenses if, under emergency conditions, they cause the admission of such person to said hospital.
 

rhan101277

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It's my understanding that in MA there is no "duty to act" if you are off-duty. That if you do respond to assist a person with an injury or medical issue that you act at your level of certification. If your an EMT-B you would provide care at that level. Anything less could be considered negligent even with the good samaritan laws.

This is a bit confusing though... if I am off duty and I find a woman that was holding an icepack to her head because she tripped and hit her head... She has no AMS, Pupils = round and reactive, she is pink-warm & dry. No loss of consciousness w/ Slight nausea and dizziness that went away after sitting for a bit. BUT I didn't put her in a collar with a back board (because I was off duty at my non-emt job) and just recommended that she go to the hospital or see her doctor ASAP. She didn't want an ambulance and it didn't seem she needed one. She was picked up and taken to her doctor.

So would that be negligent? Should you really not get involved unless it is major trauma, because then you would call an ambulance anyway?

That a good question, it isn't like you have a good samaritan refusal form. I definitely don't plan on carrying a backboard or cervical collar around. I just want to be able to provide basic life support to the extent I can if I happen to be at a location and it is needed. I just can't see letting someone die, if there is something I can do to help them.
 

VentMedic

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Might want to double check that one.

There was an Ocseola (IIRC) FF who stopped at an accident scene, was stuck and killed, along with a doctor who had stopped as well.

He was granted full LODD benefits because then Gov. Bush had signed a law into effect that stated LEOs, FFs and EMS personnel had a duty to act.

Gimme some time to double check that.

I am trying to find the exact statute on that on but right now it stands as ONLY for employees of a governmental agency. It may not hold true for employees of private companies.

In the meantime here's another discussion on that:

http://www.emsresponder.com/publication/article.jsp?pubId=1&id=2046

Where Duty Ends: The Perils & Pitfalls of Off-Duty Response

Updated: July 8th, 2008 05:26 PM EDT
From the September 2004 Issue of Emergency Medical Services
And after the incident, state policy was changed so that all such injuries and deaths among employees of government fire and EMS agencies in Florida are now considered to be in the line of duty. That’s a nice legacy for a young firefighter who gave his life. But it’s only one aspect to the complicated issue of off-duty responses.
 

BLSBoy

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Vent, that was a very good article to read, and I had not seen that before.

If you do find that statute, please let us know. Although I live in Jersey now, I have not ruled out a return to Fla after jobs open up again.
 

VentMedic

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Found Florida's statute for the workmen comp part:

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0440/SEC091.HTM&Title=-%3E2005-%3ECh0440-%3ESection+091


440.091 Law enforcement officer, firefighter, emergency medical technician, or paramedic; when acting within the course of employment.
440.092 Special requirements for compensability; deviation from employment; subsequent intervening accidents.

(3) If an emergency medical technician or paramedic is appointed or employed full time by a municipality, the state, or any political subdivision, is certified under chapter 401, is providing basic life support or advanced life support services, as defined in s. 401.23, in an emergency situation in this state, and such activities would be considered to be within the course of his or her employment as an emergency medical technician or paramedic and covered by the employer's workers' compensation coverage except for the fact that the location of the emergency was outside of the employer's jurisdiction or area of responsibility, such activities are considered to be within the course of employment. The provisions of this subsection do not apply if the emergency medical technician or paramedic is performing activities for which he or she is paid by another employer or contractor.

As far as duty to act, I have not found the direct statute.

This is the bill Jeb signed in 2002 which was referred to in the Kelly case:
http://www.leg.state.fl.us/data/session/2002/Senate/bills/billtext/pdf/s0108er.pdf
 
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A140160

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I might be getting of your topic of snowing but....

In the state of PA, we have a duty to act law which states that if an EMS provider stops at the scene (lets say its an MVA), that EMS provider must provide care, otherwise it's a breach of duty, which could make you liable for negligence. However, if you don't stop, then it's not a problem.
 

VentMedic

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I might be getting of your topic of snowing but....

In the state of PA, we have a duty to act law which states that if an EMS provider stops at the scene (lets say its an MVA), that EMS provider must provide care, otherwise it's a breach of duty, which could make you liable for negligence. However, if you don't stop, then it's not a problem.

Yes as an on duty EMS provider you have a duty to act. As an off duty citizen you only have a duty to act as any other reasonable person would act.

You have just quoted the "duty to act" for someone working as an EMS provider. In other words, you can not ignore the patient in front of you when working as an EMT(P) and must provider the appropriate care.

If you believe your employer will cover you for workmen's comp and liability even during your off-duty hours where he/she has no control over your conduct, make sure you get that in writing. Many employers would rather not have you being seen wearing their logo or uniform during off duty hours or making any claims that you are in anyway associated with them.

Read your statutes:

http://www.dsf.health.state.pa.us/health/lib/health/ems/emsact_45_85.pdf
 

trevor1189

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So say as an off duty PA EMT-B whose has a trauma kit in their personal car stops at an accident in Pennsylvania and administers treatment that a normal person would not know how to do, could they be sued for negligence if something goes wrong?
 

EeyoreEMT

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Ohio- Not mandatory

Ohio Good Samaritan Law



§ 2305.23 Liability for emergency care.

No person shall be liable in civil damages for administering emergency care or treatment at the scene of an emergency outside of a hospital, doctor's office, or other place having proper medical equipment, for acts performed at the scene of such emergency, unless such acts constitute willful or wanton misconduct.

Nothing in this section applies to the administering of such care or treatment where the same is rendered for remuneration, or with the expectation of remuneration, from the recipient of such care or treatment or someone on his behalf. The administering of such care or treatment by one as a part of his duties as a paid member of any organization of law enforcement officers or fire fighters does not cause such to be a rendering for remuneration or expectation of remuneration.



(HISTORY: 130 v 648 (Eff 9-16-63); 137 v S 209. Eff 8-18-77.)





§ 4765.49 Civil immunity of emergency medical personnel and agencies.



(A) A first responder, emergency medical technician-basic, emergency medical technician-intermediate, or emergency medical technician-paramedic is not liable in damages in a civil action for injury, death, or loss to person or property resulting from the individual's administration of emergency medical services, unless the services are administered in a manner that constitutes willful or wanton misconduct. A physician or registered nurse designated by a physician, who is advising or assisting in the emergency medical services by means of any communication device or telemetering system, is not liable in damages in a civil action for injury, death, or loss to person or property resulting from the individual's advisory communication or assistance, unless the advisory communication or assistance is provided in a manner that constitutes willful or wanton misconduct. Medical directors and members of cooperating physician advisory boards of emergency medical service organizations are not liable in damages in a civil action for injury, death, or loss to person or property resulting from their acts or omissions in the performance of their duties, unless the act or omission constitutes willful or wanton misconduct.

(B) A political subdivision, joint ambulance district, joint emergency medical services district, or other public agency, and any officer or employee of a public agency or of a private organization operating under contract or in joint agreement with one or more political subdivisions, that provides emergency medical services, or that enters into a joint agreement or a contract with the state, any political subdivision, joint ambulance district, or joint emergency medical services district for the provision of emergency medical services, is not liable in damages in a civil action for injury, death, or loss to person or property arising out of any actions taken by a first responder, EMT-basic, EMT-I, or paramedic working under the officer's or employee's jurisdiction, or for injury, death, or loss to person or property arising out of any actions of licensed medical personnel advising or assisting the first responder, EMT-basic, EMT-I, or paramedic, unless the services are provided in a manner that constitutes willful or wanton misconduct.

(C) A student who is enrolled in an emergency medical services training program accredited under section 4765.17 of the Revised Code or an emergency medical services continuing education program approved under that section is not liable in damages in a civil action for injury, death, or loss to person or property resulting from either of the following:

(1) The student's administration of emergency medical services or patient care or treatment, if the services, care, or treatment is administered while the student is under the direct supervision and in the immediate presence of an EMT-basic, EMT-I, paramedic, registered nurse, or physician and while the student is receiving clinical training that is required by the program, unless the services, care, or treatment is provided in a manner that constitutes willful or wanton misconduct;

(2) The student's training as an ambulance driver, unless the driving is done in a manner that constitutes willful or wanton misconduct.

(D) An EMT-basic, EMT-I, paramedic, or other operator, who holds a valid commercial driver's license issued pursuant to Chapter 4506. of the Revised Code or driver's license issued pursuant to Chapter 4507. of the Revised Code and who is employed by an emergency medical service organization that is not owned or operated by a political subdivision as defined in section 2744.01 of the Revised Code, is not liable in damages in a civil action for injury, death, or loss to person or property that is caused by the operation of an ambulance by the EMT-basic, EMT-I, paramedic, or other operator while responding to or completing a call for emergency medical services, unless the operation constitutes willful or wanton misconduct or does not comply with the precautions of section 4511.03 of the Revised Code. An emergency medical service organization is not liable in damages in a civil action for any injury, death, or loss to person or property that is caused by the operation of an ambulance by its employee or agent, if this division grants the employee or agent immunity from civil liability for the injury, death, or loss.

(E) An employee or agent of an emergency medical service organization who receives requests for emergency medical services that are directed to the organization, dispatches first responders, EMTs-basic, EMTs-I, or paramedics in response to such requests, communicates such requests to those employees or agents of the organization who are authorized to dispatch first responders, EMTs-basic, EMTs-I, or paramedics, or performs any combination of these functions for the organization, is not liable in damages in a civil action for injury, death, or loss to person or property resulting from the individual's acts or omissions in the performance of those duties for the organization, unless an act or omission constitutes willful or wanton misconduct.

(F) A person who is performing the functions of a first responder, EMT-basic, EMT-I, or paramedic under the authority of the laws of a state that borders this state and who provides emergency medical services to or transportation of a patient in this state is not liable in damages in a civil action for injury, death, or loss to person or property resulting from the person's administration of emergency medical services, unless the services are administered in a manner that constitutes willful or wanton misconduct. A physician or registered nurse designated by a physician, who is licensed to practice in the adjoining state and who is advising or assisting in the emergency medical services by means of any communication device or telemetering system is not liable in damages in a civil action for injury, death, or loss to person or property resulting from the person's advisory communication or assistance, unless the advisory communication or assistance is provided in a manner that constitutes willful or wanton misconduct.

(G) A person certified under section 4765.23 of the Revised Code to teach in an emergency medical services training program or emergency medical services continuing education program is not liable in damages in a civil action for injury, death, or loss to person or property resulting from the person's acts or omissions in the performance of the person's duties, unless an act or omission constitutes willful or wanton misconduct.

(H) In the accreditation of emergency medical services training programs or approval of emergency medical services continuing education programs, the state board of emergency medical services and any person or entity authorized by the board to evaluate applications for accreditation or approval are not liable in damages in a civil action for injury, death, or loss to person or property resulting from their acts or omissions in the performance of their duties, unless an act or omission constitutes willful or wanton misconduct.

(I) A person authorized by an emergency medical service organization to review the performance of first responders, EMTs-basic, EMTs-I, and paramedics or to administer quality assurance programs is not liable in damages in a civil action for injury, death, or loss to person or property resulting from the person's acts or omissions in the performance of the person's duties, unless an act or omission constitutes willful or wanton misconduct.

(HISTORY: RC § 4731.90, 136 v H 832 (Eff 8-31-76); 137 v S 347 (Eff 7-13-78); 137 v H 1092 (Eff 7-21-78); 138 v H 1 (Eff 5-16-79); 138 v H 201 (Eff 2-28-80); 140 v H 446 (Eff 6-20-84); 141 v H 176 (Eff 11-20-85); RC § 3303.21, 141 v H 222 (Eff 5-15-86); 141 v H 428 (Eff 12-23-86); 143 v H 381 (Eff 7-1-89); RC § 4765.49, 144 v S 98 (Eff 11-12-92); 145 v H 384 (Eff 11-11-94); 146 v S 150 (Eff 11-24-95); 146 v H 405. Eff 10-1-96.)
 

BLSBoy

makes good girls go bad
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So say as an off duty PA EMT-B whose has a trauma kit in their personal car stops at an accident in Pennsylvania and administers treatment that a normal person would not know how to do, could they be sued for negligence if something goes wrong?

First off, get your EMT.

Second off, don't get a trauma kit.

Third, only stop if it JUST occured, and there are dead and dying everywhere.
 
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