Standard of Care Podcast

On 8/22/2021, a Colorado grand jury handed down a 32-count criminal indictment against the police officers and EMS personnel involved in the incident that led to Elijah McClain’s death. On this episode of the Standard of Care, Nick and Samantha try to untangle what these indictments could mean for the EMS community. We reach out to our resident experts - former prosecutor (now business lawyer) Chris Timmons and defense attorney (and Samantha’s law school classmate) Stephen Coxen – for...

COVID-19 has strained the healthcare system to its breaking point. In this episode of the Standard of Care, Nick and Samantha are joined by Beth Sivertsen, Medical Ethicist and critical care nurse. We examine “crisis standards of care” and what those words mean for EMS. What are crisis standards of care? Who declares that they are in effect? What impact do crisis standards have on EMS providers’ legal obligations to patients? What is the ethical thing to do in a situation where resources are...

On this episode of the Standard of Care Podcast, Nick and Samantha take on the controversial topic of religious accommodations for the COVID-19 vaccines under Title VII of the Civil Rights Act of 1964. Can employees request religious exemptions from vaccinations? What is a “sincerely held religious belief”? What information should employees provide, and what can employers request? What is an “undue hardship” for an employer?

Fatigue in EMS isn’t new. Almost every EMT and paramedic has a story. So grab a coffee or an energy drink and join us as Nick and Samantha take a look at a recent case that happened in our own backyards. We consider the criminal and civil liabilities that fatigue creates for EMTs, paramedics, and EMS agencies. What can the tired EMT or paramedic do? What should agencies be doing to decrease the fatigue suffered by employees in the face of increased call volumes and staffing challenges? Will...

Intubations are risky business. Paramedics – and their patients – benefit from the right tools, education, and training. But when does “practicing intubations” become an issue of legal liability? On this episode of the Standard of Care Podcast, Nick and Samantha review the case of the Bellingham, Washington fire department’s intubation practice on a deceased patient. The incident spawned several lawsuits and resulted in the City’s public release of its outside counsel’s confidential...

On this episode of the Standard of Care Podcast, Nick and Samantha try to help EMS providers make sense of one of the most widely known (yet least understood!) laws on the books, the Emergency Medical Treatment and Labor Act (EMTALA). What is the law meant to address? Is EMTALA different for hospital-based and non-hospital-based EMS providers? Can your ambulance be parked at the ER ramp, or your patient turned away? What does the 250-yard rule have to do with care? Has COVID changed the way...

On this episode of the Standard of Care Podcast, Nick and Samantha examine the legal issues of the Elijah McClain case in Colorado. Mr. McClain’s tragic death – and other situations like his - has led politicians to call for bans on the use of ketamine. We look at how Mr. McClain’s lawyers tell his story and what claims they bring against Aurora Fire and its medical director. This case has important lessons for crews, supervision, and medical directors. How can you protect your patient,...

On this episode of the Standard of Care Podcast, Nick and Samantha discuss one of their favorite topics: patient refusals! We examine why patient refusals are a liability trap - how can providers walk the fine line between respecting patient wishes and ensuring that patients receive proper care? We discuss Nick’s handy acronym “CURED” (capacity, understanding, risks, education, decision/documentation). Making sure your patient is CURED protects you as the provider from liability and ensures...

On this episode of the Standard of Care Podcast, Nick and Samantha roll up their sleeves and discuss the legal impacts of the new COVID-19 vaccine on the EMS workforce. Can an employer mandate that employees receive the vaccine? What is the impact on medical accommodations under the Americans with Disabilities Act (ADA) and religious accommodations under Title VII of the Civil Rights Act of 1964? Are employees potentially covered by workers’ compensation if the vaccine causes injuries? Will...

Following up on the last episode, and further exploring why people sue, Nick and Samantha take a look at two lawsuits recently filed in Philadelphia, Pennsylvania. Mario Bianchi and Joseph Nocero both died in incidents that occurred two months apart when both attended Philadelphia Eagles games at Lincoln Financial Field. Their deaths are allegedly a result of the poor medical response by National Event Services, the on-site EMS provider. We provide a short refresher on negligence and...

In the very first episode of the Standard of Care Podcast, Nick and Samantha take a look at why lawsuits happen to EMS providers. What makes people sue? We talk about some studies that show the reasons why people might take legal action. How can paramedics and EMTs avoid lawsuits? Please like, comment, and subscribe!