Standard of Care Podcast

An employee commits a terrible crime – should the employer be liable? In this episode, we explore the nuances of negligent hiring, retention, supervision, and training. What does it mean for an employee to be “in the scope of employment” to allow their employer to be sued in the first place? When is an EMS agency responsible for its own negligence in keeping a problematic employee on staff? If an employee commits a terrible crime, is the agency automatically off the hook? Please like, comment, and subscribe! See omnystudio.com/listener for privacy information.

It’s the stuff of nightmares and horror stories: the dead rising from the grave. On August 23, 2020, it happened in Michigan after a woman who was declared deceased by the responding EMS crew “woke up” in a funeral home. Her case has been described as an instance of “Lazarus Syndrome”, or “autoresuscitation after failed cardiopulmonary resuscitation”, but was it this rare condition or negligence on the part of the providers? Nick and Samantha discuss the family’s $50 million lawsuit against the City and the providers and examine the clinical and legal issues around patients presumed to be deceased. Please like, comment, and subscribe! Links: Erika Lattimore, as Guardian of Timesha Beauchamp, An Incapacitated Person v. City of Southfield, Michael Storms, Scott Rickard, Phillip Mulligan, and Jake Kroll, In Their Individual Capacity, Jointly And Severally, United States District Court for the Eastern District of Michigan, Civil Action File No. 2:20-cv-12738, filed October 8, 2020. Complaint available at: http://www.firelawblog.com/wp-content/uploads/sites/19/2020/10/US_DIS_MIED_2_20cv12738_COMPLAINT_filed_by_All_Plaintiffs_against_All_Defe.pdf Michael Storms, Scott Rickard, Phillip Mulligan, and Jake Kroll v. Oakland County Medical Control Authority et al., United States District Court for the Eastern District of Michigan, Civil Action File No. 4:20-cv-12457, filed September 8, 2020. Katherine Mims Crocker, Qualified Immunity, Sovereign Immunity, and Systemic Reform, 71 Duke L.J. 1701-1780 (2022), available at: https://scholarship.law.duke.edu/dlj/vol71/iss8/1 Hutchinson, D. and MacDonald, M., (2020, September 16, updated 2020, October 19), “She’s Still Breathing”: Hear 911 Call From Moment Workers Realized Southfield Woman Declared Dead Was Alive, ClickOnDetroit https://www.clickondetroit.com/news/local/2020/09/16/shes-still-breathing-hear-911-call-from-workers-realized-southfield-woman-declared-dead-was-alive/ Kaur, H. et al., (2020, October 20), Family of Woman Who Died Weeks After She Was Found Alive at a Funeral Home Sues Paramedics For $50 Million, CNN, https://www.cnn.com/2020/10/20/us/timesha-beauchamp-dies-lawsuit-trnd McEvoy, M., (2019, June 21), “Dead Wrong”, EMS1.com https://www.ems1.com/ems-products/medical-monitoring/articles/dead-wrong-RXW3893p2D3u8R3T/ Varone, K. (host). (2020, September 13). Interview With Attorney For Disciplined Michigan Firefighters In Mistaken Death Pronouncement (No. 35) [Audio podcast episode]. Fire Law Blog. https://podcasts.apple.com/us/podcast/podcast-episode-35-interview-with-attorney-for/id876773998?i=1000491102861 White, E., (2020, December 10), Paramedics Who Wrongly Pronounced Timesha Beauchamp 'Dead' Can Regain Licenses, Detroit Free Press https://www.freep.com/story/news/local/michigan/2020/12/10/timesha-beauchamp-paramedics-regain-licenses/3883480001/ WXYZ Detroit, (2020, October 8), Fieger Files $50 Million Lawsuit in Case of Woman Found Alive After Being Pronounced Dead, https://www.wxyz.com/news/fieger-files-50-million-lawsuit-in-case-of-woman-found-alive-after-being-pronounced-dead See omnystudio.com/listener for privacy information.

In April 2022, 81-year old Celeste Salanitri died twelve days after being resuscitated by paramedics. Unfortunately, she never wanted to be resuscitated in the first place. Do Not Resuscitate (DNR) laws – and the accompanying forms and rules – can be confusing. In this episode, Nick and Samantha explain what DNR is – and is not – and explore the legal, ethical and clinical implications of DNRs for EMS providers. Please like, comment, and subscribe! Links: Walser, A. (2022, May 9). “She Didn’t Want to Be Resuscitated”: Family Says Paramedics Ignoring DNR Order Led to Suffering, ABC Action News/WFTS Tampa Bay https://www.abcactionnews.com/news/local-news/i-team-investigates/she-didnt-want-to-be-resuscitated-family-says-paramedics-ignoring-dnr-order-led-to-suffering State of Florida Do Not Resuscitate Order: https://www.floridahealth.gov/licensing-and-regulation/trauma-system/_documents/dnro-form-multi-lingual2004bwyw.pdf State of Florida Frequently Asked Questions About a Do Not Resuscitate Order (DNRO): https://www.floridahealth.gov/licensing-and-regulation/trauma-system/_documents/dnro-faq.pdf Pope, T., Unwanted Medical Treatment, https://www.thaddeuspope.com/unwantedtreatment.htmlSee omnystudio.com/listener for privacy information.

We are now two years out from the beginning of “The Situation”, which means that it’s time for the lawsuits. In this episode, Nick and Samantha review a case from Klamath County, Oregon, where the alleged malpractice of the responding paramedics led to a woman’s death from complications of Covid. This case has some very sad – and shocking – facts. But it’s not just the medics who may be at fault – it’s the fire chief, his deputy chief, and even the department’s lawyer! From federal Section 1983 civil rights claims to state law claims for intentional infliction of emotional distress, Nick and Samantha break down why everyone gets the blame. Is that blame justified here? Please like, comment, and subscribe! Links: Richard Vaughn, Jr. Individually and as Personal Representative for The Estate of Teresa Vaught, Deceased, Richard L. Vaughn, Sr., Marjo Vaughn, Larry Vaughn, Debra Blank, and Vivian Kimbol v. Klamath County Fire District No. 1, an Oregon Special District, Gregory Davis, an individual, Matthew Hitchcock, an individual, Stephen R. Hedlund, P.C., John Does 1-10 and Jane Does 1-5, United States District Court for the District of Oregon, Civil Action File No. 1:22-cv-00161, filed January 31, 2022. Klamath County Emergency Medical Services, Standing Orders, March 1, 2020 Klamath County Fire District No. 1, Covid-19 Directive, March 17, 2020 Klamath County Emergency Medical Services, Standing Orders, April 1, 2020See omnystudio.com/listener for privacy information.

On this episode of the Standard of Care Podcast, Nick and Samantha take a look at some of the liability issues surrounding the use of red lights and sirens. What does the law allow the driver of an emergency vehicle to do? What is “due regard”, anyway? Are shorter response times making drivers more unsafe? How does a plaintiff prove his or her case against the driver of an emergency vehicle, and what can you as the driver do to protect yourself? Please like, comment, and subscribe! Links: Epps, K. (2019, May 04). EMT sentenced to 1 year in jail for fatal ambulance wreck. Retrieved November 19, 2020, from https://www.ems1.com/ambulance-crash/articles/emt-sentenced-to-1-year-in-jail-for-fatal-ambulance-wreck-o70N1PhOFiuyvdBK/ Janofsky, M. (1993, December 22). Domino's Ends Fast-Pizza Pledge After Big Award to Crash Victim. Retrieved November 19, 2020, from https://www.nytimes.com/1993/12/22/business/domino-s-ends-fast-pizza-pledge-after-big-award-to-crash-victim.html Jarvis, J. L., MD, MS, EMT-P, FACEP, FAEMS, Hamilton, V., MA, EMT-P, Taigman, M., MA, & Brown, L. H., PhD. (2020). Using Red Lights and Sirens for Emergency Ambulance Response: How Often Are Potentially Life-Saving Interventions Performed? [Abstract]. Prehospital Emergency Care. doi:10.1080/10903127.2020.1797963, from https://www.tandfonline.com/doi/full/10.1080/10903127.2020.1797963 Jarvis, J. L., MD, MS, EMT-P, FACEP, FAEMS & Verkest, M., A.A.S, CCP-C, FP-C, C-NPT, Paramedic. (2019, August 7). The EMS Lighthouse Project: A Dangerous Proposition: Use of Red Lights and Sirens Study [Audio blog post]. Retrieved 2020, from https://www.flightbridgeed.com/index.php/emslighthouseproject-podcast/13-ems-lighthouse-project-podcast/468-a-dangerous-proposition-use-of-red-lights-and-sirens Kupas, D.F., MD, EMT-P, FAEMS, FACEP, et al., (2022, February 14). Joint Statement on Lights & Siren Vehicle Operations on Emergency Medical Services (EMS) Responses, Retrieved 2022, from https://www.nvfc.org/wp-content/uploads/2022/02/22Feb-Joint-Statement-on-Red-Light-and-Siren-Operations.pdf Kupas, D. F., MD, EMT-P, FAEMS, FACEP. (2017, May). Lights and Sirens Use by Emergency Medical Services (EMS): Above All Do No Harm [Pdf]. Washington DC: U.S. Department of Transportation, National Highway Traffic Safety Administration, Office of Emergency Medical Services (EMS), from https://www.ems.gov/pdf/Lights_and_Sirens_Use_by_EMS_May_2017.pdf LLP, A. (2018, June 30). Louisiana Jury Awards $117 Million to Woman Injured in Ambulance Accident While Pregnant. Retrieved November 19, 2020, from https://www.prnewswire.com/news-releases/louisiana-jury-awards-117-million-to-woman-injured-in-ambulance-accident-while-pregnant-164761026.html Mikkelson, D., & Mikkelson, D. (2011, April). Do Mail Trucks Always Have the Right of Way? Retrieved November 19, 2020, from https://www.snopes.com/fact-check/four-play/See omnystudio.com/listener for privacy information.

Episode 10

Episode 8

Episode 6