The fire extinguisher is not just for show
As the article states:Why he brought up a so called 'Nuremburg defense' is odd. No parallel there at all as those individuals where expressly present in concentration camps to do harm. It's why they got out of bed in the morning, orders or no orders. Certainly not the case with this ambulance crew that was more or less ambushed with a disaster.
Their defense was singular: they were just following orders. “I was just following orders” has become known, colloquially, as the Nuremburg Defense and it is not enough to shift liability completely. At most, it can be used in mitigation. Such would be the case here.
Indeed, the EMS providers were following the direct order of the most superior medical officer and that fact must be taken into account when considering the totality of the circumstances in mitigation. But was the order reasonable?
Wouldn't the local medical board be an authoritative body to decide if proper medical care was provided? They are a bunch of doctors, been doing the job for a while, and they are familiar with the local standards of careVery informative to see the legal take - though still unclear that the proper care was provided despite the local medical board’s conclusions.
I wouldn't because expert witness testimony is often worthless. Why? because the prosecution will bring out their expert, and the defense will bring out there's. both are experts, and both are being paid to say what their side wants to hear. So if you think the paramedics were right, you will like the defense's expert (and ignore the prosecution) and if you think the paramedics were wrong, you will like the prosecution's expert (and ignore the defense).I’d like to read expert witness testimony if this goes to trial...
Also remember, trials are not always about the facts of the case, but emotional opinions. I don't LIKE that these paramedics let a dying man die, and didn't do something when his body refused to die. But when the medical director (the guy whose license you operate under) gives you an order, what should you do? Are you permitted to disregard it? What about your operational supervisor, if they tell you do something, and you refuse, should you still be employed? And if you take a direct order from your medical director, over the phone, and then in person, and you follow that order, should you suffer the consequences, or should the consequences fall to the person who gave the order? Moreover, assuming that person was already investigated and found to have acted appropriately, now what? a government body wants to punish the line staff for following the orders for a physician whose orders have been evaluated and judged as appropriate.
We (and the world) can whatif and coulda/woulda/shoulda the situation all day, but it doesn't change the facts of what happened, and it doesn't answer the basic question: should paramedics be disciplined for following the lawful orders (and clinically appropriate orders as per the local medical board) from their medical director if the patient doesn't have an outcome that you like?