Needing to Vent

DrParasite

The fire extinguisher is not just for show
6,199
2,054
113
Do you have a link to the law that says you have a Duty to Act while not on duty?
the better question is, do you a link to any court case where an EMT or Paramedic was found guilty for not stopping?
 

ffemt8978

Forum Vice-Principal
Community Leader
11,032
1,479
113
the better question is, do you a link to any court case where an EMT or Paramedic was found guilty for not stopping?

Nope, because I'm not the one saying there's a duty to act while off duty.
 

medicRob

Forum Deputy Chief
1,754
3
0
I know most of you are in the south, but up here (NH), you have to stop. Duty to act. Esp since FD is neither (in this case) medically trained nor a jurisdictional agency (in the sense that leos are).

As I said to the OP, if you can't show code annotated for it, I have to throw up the BS Flag.



I think it is funny that all of you who claimed that you have duty to act while off duty, have yet to post a single law which states you do. Therefore, if anyone else is going to claim that this is true, post the law that says it from the official website of the state or Michie.
 

DrParasite

The fire extinguisher is not just for show
6,199
2,054
113
Nope, because I'm not the one saying there's a duty to act while off duty.
that was directed toward AMF (or anyone else who is claiming an off-duty duty to act exists), not you FFEMS8978.
 

CAOX3

Forum Deputy Chief
1,366
4
0
I don't usually get involved, with my luck it will be some train wreck, with amputations, posturing, ejection and a crowning ob in the back, so I take out my handy dandy cell phone and dial the magic number.

However I believe some professional courtesy should be extended to a provider who off duty stops to assist, its it going to kill you to be polite.

The problem is, egotistical, arrogant and ignorance are prevalent in EMS to the point where at times a slap up side the head is warranted.

I always thank a provider or bystander who gets involved. Then again I'm not on a power trip, and I don't get my rocks off insulting good samaritans.
 

abckidsmom

Dances with Patients
3,380
5
36
I know most of you are in the south, but up here (NH), you have to stop. Duty to act. Esp since FD is neither (in this case) medically trained nor a jurisdictional agency (in the sense that leos are).

Not sure how it works where you are, but all of the departments I've ever worked for that were dispatched by a PSAP had contracts with the locality that gave them jurisdiction. Even vollies, even stupid vollies....somewhere there's a government agency giving them authority.

Duty to act starts when you are invited. That invitation comes in the form of dispatch, which begins the relationship between you and the patient. Driving down the road and witnessing an accident gives me no duty to act. I usually have a carload of children with me...how could my certification override my burden to provide them with safety and supervision? And there is certainly no loophole for extenuating circumstances in a healthcare provider duty to act law; they either do or do not have the duty to act.
 

ffemt8978

Forum Vice-Principal
Community Leader
11,032
1,479
113
This thread has prompted me to update the Duty to Act thread at the top of this forum
 

Amycus

Forum Lieutenant
107
0
0
If I show up on scene, and the FD requests me to grab something to take over PT care, i.e. a backboard or collar, I'll do it.

If someone with a higher level of training does, I'll do it.

If some random guy is going "I'M AN EMT I'M AN EMT GET ME THIS STUFF THIS IS MY PT" I'm going to ask the police to escort them from the scene, in handcuffs if necessary. If you're not on duty and you're not part of the responding company, it's not your PT.
 

medicRob

Forum Deputy Chief
1,754
3
0
I don't usually get involved, with my luck it will be some train wreck, with amputations, posturing, ejection and a crowning ob in the back, so I take out my handy dandy cell phone and dial the magic number.

However I believe some professional courtesy should be extended to a provider who off duty stops to assist, its it going to kill you to be polite.

The problem is, egotistical, arrogant and ignorance are prevalent in EMS to the point where at times a slap up side the head is warranted.

I always thank a provider or bystander who gets involved. Then again I'm not on a power trip, and I don't get my rocks off insulting good samaritans.

Or a bus full of hemophiliac orphans crashing into a glass truck in front of the factor VIII factory.
 

Amycus

Forum Lieutenant
107
0
0
Small amendment to my post, reading what CAO posted...

If a bystander on scene IS making himself useful, EMT or otherwise, I'm fine with it IF they don't get in the way or start being pushy. The OP sounds like he felt, despite being off duty, it was his scene, which is never the case. However, if someone off duty gives a brief report and then says "I'll keep holding c-spine if you'd like" I'll say "Sure" and thank him, assuming he knows what he's doing
 

Scott33

Forum Asst. Chief
544
35
28
I know most of you are in the south, but up here (NH), you have to stop. Duty to act. Esp since FD is neither (in this case) medically trained nor a jurisdictional agency (in the sense that leos are).

Link please :glare:
 

CAOX3

Forum Deputy Chief
1,366
4
0
There was a list of states with a duty to act off duty listed on this forum a few years back.

I think there maybe was five states or so that mandated action, Florida, Vermont, Minnesota maybe but I can't recall exactly.
 

reaper

Working Bum
2,817
75
48
Florida has no duty to act law.
 
Last edited by a moderator:

ffemt8978

Forum Vice-Principal
Community Leader
11,032
1,479
113
There was a list of states with a duty to act off duty listed on this forum a few years back.

I think there maybe was five states or so that mandated action, Florida, Vermont, Minnesota maybe but I can't recall exactly.

That list is in this thread, Duty to Act, which is stickied at the top of this forum

http://www.emtlife.com/showthread.php?t=5825

Looking through the thread, the following states have a duty to act law when off duty: Florida (if part of a government agency), Minnesota, New Mexico, and Vermont.
 
Last edited by a moderator:

CAOX3

Forum Deputy Chief
1,366
4
0

Sasha

Forum Chief
7,667
11
0
Fl does not
 

CAOX3

Forum Deputy Chief
1,366
4
0
Fl does not

It may be law only, I remember when that firefighter was killed off duty when he stopped at an accident to help. His wife fought for benefits, the court ordered them paid because the firefighter had a "duty to act" because he was in his jurisdiction.

I try'll to find the story.
 

ffemt8978

Forum Vice-Principal
Community Leader
11,032
1,479
113
Fl does not

Re-reading the actual law, that may be correct. However, if they do stop to respond, they are covered by Workman's Comp which means they are on duty.
 

CAOX3

Forum Deputy Chief
1,366
4
0
Re-reading the actual law, that may be correct. However, if they do stop to respond, they are covered by Workman's Comp which means they are on duty.

Gotcha, that definitely could be the case.
 

ffemt8978

Forum Vice-Principal
Community Leader
11,032
1,479
113
It may be law only, I remember when that firefighter was killed off duty when he stopped at an accident to help. His wife fought for benefits, the court ordered them paid because the firefighter had a "duty to act" because he was in his jurisdiction.

I try'll to find the story.

http://www.emtlife.com/showthread.php?t=5825 it starts about post 39 in that thread.
 
Top