Duty to Act Info

MedRhett

Forum Probie
10
0
0
I assume that the provisions regarding liability would still apply, though. Therefore, if you did decide to act, you could not face any legal repercussions - were something to go wrong.

Although, I guess it does depend on where you live as to who's covered under the law.
 

TheMowingMonk

Forum Lieutenant
245
1
18
yeah it seems like the laws posted so far as duty to act laws are for the protection of those giving care. I know here in california we have the good samaratin law which protects people trying to help others from liabilty. But i know we have no laws the force us to act if we see an accident which is what i would consider a duty to act law. we can see an accident or someone that is injured and go right on by without doing anything (personally i would try to help but thats what the law says)
 

joemt

Forum Lieutenant
233
0
0
According to the Missouri Unit of EMS, Missouri has no Duty to Act law.
 

kallen.2

Forum Ride Along
1
0
0
Texas has NO duty to act when off duty.


Does that mean we're protected under the Good Samaritan when we help while off duty? My instructor told us that the moment we set foot in the class room we were no longer protected under it.

...or I guess I could just do some research on that... ;)
 

aussieemt1980

Forum Lieutenant
117
3
0
Here in NSW, Aussie Land, we have the Civil Liability Act 2002, under which there is the "good samaritan" protection from liability for helping in good faith a person who is injured or at risk of being injured.

I have been told in the past that if we are trained, off duty (this information did not come from my current company - we work on the premise that life comes first and we should care for the patient if we are off duty) and walk past an injured person, we can later be sued for negligence if it is later found out that we are trained and did not follow our duty of care. I have also had the argument that I am required to administer scheduled medications off duty as I am trained and can be sued, even though my authority to practice is only when I am on duty. I personally would rather go to court for doing what I could and saving a life than facing the Department of Health and our Clinical Director for breach of protocol. The court would tell the individual that they are alive, and should be grateful. The Department of Health and our Clinical Director would take my job away.

Duty of Care is a very grey area. I did however, hunt through the various legislation that we have and did not actually find enshrined in legislation a duty to assist while off duty, I think it is something that is within common law as part of the duty of care obligations and an ethical decision to be made at the time. There may, however, be a policy or directive within an individual department that may direct a duty to assist while off duty.

The only duty to assist is when you are on duty, there was nothing about off duty performance.
 

JAM-EMT

Forum Crew Member
30
0
0
Ohio doesn't have it. Sorry no link, only what I've learned.
 

emtwacker710

Forum Captain
263
0
0
He is NYS for you guys..

New York State Department of Health
Bureau of Emergency Medical Services
POLICY STATEMENT
Supersedes /Updates:
No. 98-05
Date 5/23/98
Re: Responsibilities of
EMS Providers &
Coordination of
EMS Resources

DEFINITION OF RESPONSIBILITIES OF PREHOSPITAL PATIENT CARE PROVIDERS
AND THE COORDINATION OF EMS RESOURCES AT A SCENE


NYS statutes do not obligate an individual citizen, regardless of training, to
respond to a situation or provide care unless there is a formal duty by job description
or role expectation. Such a duty to act arises from participation with an agency having
jurisdiction.

From: http://www.health.state.ny.us/nysdoh/ems/pdf/98-05.pdf
 
Last edited by a moderator:

mperkel

Forum Probie
25
0
0
here. CA

For California:

http://www.lasdemt.org/pages/off_duty.htm

FROM THE EMERGI-PRESS SUMMER 2000

Rendering Care Off-Duty

by Luanne Underwood, RN, BSN MICN

Portions of this article are reprinted, with permission, from the Alameda County EMS newsletter.

The Los Angeles County EMS Agency, as well as other local EMS agencies throughout the State, often receive questions regarding what type of aid pre hospital care personnel may ren der when they are off-duty. This includes rendering care off-duty during special events or other gatherings when pre-hospital care personnel are not working for an approved provider. Recently, we came across an article in Alameda County’s newsletter which did an excellent job of covering this topic. The following are excerpts from that article which include the most frequently asked questions and their answers.

Q: If I pass the scene of an accident, am I obligated to stop and render aid?

A: No one is obligated to stop and render aid. Likewise, no one is obligated to render aid even if they do stop. Those are decisions that are up to each indi vidual. However, if you are the kind of person who does choose to stop and render aid, it is good to be prepared to safeguard your well being, as well as to under stand your responsibilities and protection under the law.

Q: What level of care can paramedics and EMT-Is legally provide on the scene?

A: Paramedics and EMT-l's may only offer basic life support (BLS) level care when they are off-duty. Paramedics may only perform advanced life support (ALS) skills as part of an organ:censored:ized EMS system while working for an approved paramedic service provider. Therefore, para medics may NOT provide ALS level care off-duty pursuant to the California Code of Regulations, Title 22, Division 9.

Q: What does California law say about pre hospital care personnel providing care off-duty?

A: Section 1799.102 of the California Health and Safety Code states:

“No person who in good faith, and not for compensation, renders emergency care at the scene of an emergency shall be liable for any civil damages re sulting from any act or omission. The scene of an emergency shall not include emergency depart ments and other places where medical care is usually offered.”

To encourage pre-hospital care personnel to render care at the scene of an emergency, Section 1799.106 of the Health and Safety Code was included and states the following:
.... In order to encourage the provision of emergency medical services by firefighters, police officers or other law enforcement officers, EMT-l's, EMT-ll's or EMT P's, . . [these individuals] who render emergency medical services at the scene of an emergency shall only be liable in civil damages for acts or omissions per formed in a grossly negligent manner or acts or omissions not performed in good faith. A public agency employing such a fire fighter, police officer or other law enforcement officer, EMT-l, EMT II, or EMT-P shall not be liable for civil damages if the . . .[individual] is not liable.”

Q: Does a paramedic, when working for an approved paramedic service provider, have to take orders from a nurse or physician at the scene of an emergency?

A: Nurses, either on-duty or off-duty, may only offer assistance and suggestions, they may not assume medical management of the patient. Physicians licensed in the State of California, either on-duty or off-duty may lend assistance to a pre-hospital care team that is in charge of the patient; however, they may not direct paramedics in advanced life support procedures. Medical direction must come from the base hospital. When encountering a physician at scene, paramedics must obtain proper identification, consisting of a California Physicians and Surgeons License and note the physician’s name, license number and license expiration date on the EMS Report form. In the event radio communication cannot be made or main tained with a base hospital, paramedics may assist the physician at scene and may provide ALS level care under the direction of the physician provided that his/her instructions are consistent with Los Angeles County EMS Agency policies and procedures.

California law does not preclude a licensed physician from rending patient care at the scene. When a physician at scene chooses to assume or retain responsibility for medical care of a patient, pursuant to Reference No. 816, Physician At Scene, such physician must take total re sponsibility for the care given. Reference No. 816 further states, “He/she must also accompany the patient until the patient arrives at a hospital and responsibility is as sumed by the receiving physician, unless relieved of the responsibil ity by the base hospital.” (For ad:censored:ditional information regarding “Physician At Scene” please refer to Reference No. 816 in the Los Angeles County Pre-hospital Care Policy Manual.)

If you have a question or is sue that requires immediate re sponse, please contact Luanne Underwood, Chief, Pre-hospital Care Operations at (323) 890-7576. It is preferred that non-urgent questions be put in writing and faxed to (323) 890-7629 or e-mailed to lunderwood@dhs.co.la.ca.us. We will print as many of the questions, as possible, in this column. If you want to ensure a response, please be sure to in clude your name and telephone number.
 

snaketooth10k

Forum Crew Member
41
0
0
New Jersey and the Good Samaritan Law

NJ healthcare providers have no duty to act unless on duty.

-also-

The Good Samaritan Law in New Jersey protects any person who is a.) Acting in good faith b.) Acting to the extent of their training and certification and c.) doing so to the best of their knowledge and skill, from liability and litigation from those they are helping.
This law differs from state to state, and if you really need to know (I think most of you do), you can call your local police department for information.
 

WuLabsWuTecH

Forum Deputy Chief
1,244
7
38
To the best of my knowledge, Ohio does NOT have a Duty to Act law if you are offduty and in your POV. I don't believe we have a legal obligation to stop if we're in the ambulance if we are OUT of our jurisdiction. You better bet we will (as long as we don't have a patient already), but I don't think it's a legal obligation. I'll ask my wife though, she's an Ohio licensed attorney. If the information i have posted is inaccurate, I will repost the correct information.

Ohio doesn't have it. Sorry no link, only what I've learned.

This is correct from what I have learned. A Citation to the law would be impossible as it does not exist!
 

MJordan2121

Forum Crew Member
66
4
0
Mississippi

Since you are not under med control's supervision, you are not required to act in the State of Mississippi
 

mycrofft

Still crazy but elsewhere
11,322
48
48
A good general article despite smarmy headshot

http://www.kinseylaw.com/clientserv2/civillitigationserv/negligence/negligence.html

I cannot find a California state statute serching "duty to act" except regarding lawyers.

If I recall my professional CPR resource book, if you are trained and can respond you have a duty. If you are employed/on duty, deputized etc, you have a special duty. Certain states have enacted specific laws to put frosting on the cake.
i seem to remember Nebraska adopting one about 1984.
 

MissTrishEMTB08

Forum Crew Member
39
0
0
Florida has no LEGAL Duty to Act if you are not on the clock, uniform or not. However, I think many of us have a moral duty to act. We are in the job because we like to help people, maybe for the adrenalin rush too. So if you see someone in need of help and aide, does it matter if you are legally bound to do so?
 

RESQ_5_1

Forum Lieutenant
226
2
0
Alberta does not have any Duty to Act regulation that I have found. We do, however, have our Good Samaritan Law;

EMERGENCY MEDICAL AID ACT

Chapter E‑7



HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions

1 In this Act,

(a) “physician” means a person who is registered as a medical practitioner under the Medical Profession Act;

(b) “registered health discipline member” means a person who is registered under the Health Disciplines Act or a regulated member under Schedule 1, 10, 13, 18 or 25 to the Health Professions Act;

(c) “registered nurse” means a person who is a registered nurse within the meaning of the Health Professions Act.

RSA 2000 cE‑7 s1;RSA 2000 cH‑7 ss147,155

Protection from action

2 If, in respect of a person who is ill, injured or unconscious as the result of an accident or other emergency,

(a) a physician, registered health discipline member, or registered nurse voluntarily and without expectation of compensation or reward renders emergency medical services or first aid assistance and the services or assistance are not rendered at a hospital or other place having adequate medical facilities and equipment, or

(b) a person other than a person mentioned in clause (a) voluntarily renders emergency first aid assistance and that assistance is rendered at the immediate scene of the accident or emergency,

the physician, registered health discipline member, registered nurse or other person is not liable for damages for injuries to or the death of that person alleged to have been caused by an act or omission on his or her part in rendering the medical services or first aid assistance, unless it is established that the injuries or death were caused by gross negligence on his or her part.

RSA 1980 cE‑9 s2;RSA 1980 cH‑5.1 s34;1984 c53 s27
 

BLSBoy

makes good girls go bad
733
2
16
Florida has no LEGAL Duty to Act if you are not on the clock, uniform or not. However, I think many of us have a moral duty to act. We are in the job because we like to help people, maybe for the adrenalin rush too. So if you see someone in need of help and aide, does it matter if you are legally bound to do so?

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.
 

BLSBoy

makes good girls go bad
733
2
16
http://www.fallenbrothers.com/community/archive/index.php?t-2275.html

The U.S. Department of Justice will reconsider awarding federal line of duty death benefits to the widow of Firefighter Shane Kelly of Oviedo, FL, in light of new information about his actions, officials said.

Kelly was off duty when he pulled over to help an injured motorist on the Florida Turnpike on June 8. A tractor-trailer slid off the road near the accident scene and killed Kelly.

When Kelly's wife Rachel was denied an award through the DOJ's Public Safety Officer's Benefit program, officials from the Oviedo Professional Fire Fighters Local 3476 argued that the City of Oviedo, as well as the State Workman's Compensation Division, had recognized Kelly's death as a line of duty death and drew attention to his case.

DOJ spokeswoman Sheila Jerusalem said that to qualify for benefits, the officer's actions must have been required by his or her position as a safety officer.

Kelly was denied because he was outside his jurisdiction and off duty, and there was no mutual aid agreement showing a requirement for him to respond to this area.

However, the DOJ has since learned of legislation passed in Florida May 8 by Gov. Jeb Bush, which requires public safety officers to respond to any emergency situation they encounter.

Jerusalem said the legislation is explicit in stating that these officers are acting in the line of duty and that the legislation serves as a mutual aid agreement.

Although the DOJ has the same standards for line of duty deaths in every state, the Florida legislation carries weight in Kelly's case because it required him to act.

She said Kelly's widow has appealed the DOJ's decision and they are in the process of assigning a hearing officer to the case and setting a hearing date.

At the hearing, Rachel Kelly or anyone acting on Kelly's behalf, may present this information and the hearing officer will decide whether benefits are warranted.

Jerusalem said the hearing officers are independent of the DOJ and are usually attorneys or law professors. She also said the hearings are very informal, and not meant to intimidate anyone or make them feel that they need to bring an attorney.

Jerusalem said she is unaware of any other state with legislation that requires off duty public safety officers to respond to emergencies. She said Kelly's case may set a precedent in determining line of duty death status.
 

NRCCEMTP26

Forum Probie
18
0
0
Yes as Living in South Carolina we are abided to uphold the "duty to act" law
 
Top