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Home  >  EMS Topics  >  EMS Management  >  Top 5 answers that could save your EMS career
December 19, 2012
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The Legal Guardian
by David Givot

Top 5 answers that could save your EMS career

Here's five questions I was commonly asked over the course of 2012

By David Givot

This year, I was fortunate enough to continue my travels around the country speaking to hundreds of EMS providers at a variety of conferences, meetings and private education sessions. I got to meet and chat with a wide range of providers and, dare I say, I made some new friends.

Of course, I thoroughly enjoyed the ancillary perks of the speaking circuit; the jet-skiing off the Florida coast, the revelry on Bourbon Street in New Orleans, the endless Queso Dip in Austin, the Waffle House in North Carolina (my favorite), the Outlet Shopping in Barstow, and the even more jollity in New Orleans (there was a lot of that).

Nevertheless, it is the people I enjoy the most. Specifically, it's always uplifting for me to see just how committed so many EMS providers are. Especially in a time when the world is changing faster than we can keep up with it, it is encouraging to see and talk with, and in some cases help, providers who are consistently striving to be on the leading edge of quality and compassion.

One sure way to check the pulse of the industry is to consider the questions I am asked by participants. I have learned that, sometimes, the question can be far more illuminating than any answer I can give.

I have listed the Top-5 questions (and answers), either most common or most memorable, I was asked in 2012.

1. If the patient referred to "the Big Butt Lady," why shouldn't I refer to "the Big Butt Lady" in my report?

Well, let's see…while it may be true that the person to whom the patient is referring has a larger Gluteus Maximus than others, conventional wisdom and common sense dictate that "the Big Butt Lady" will never look professional or appropriate when projected on the giant screen in a Court of Law.

First and foremost, EMS providers are supposed to be professional. A key measure of professionalism is maintaining a certain degree of decorum when it comes to…EVERYTHING!

Characterizing a person as "the Big Butt Lady" in a patient care report may be funny (and it most certainly is), nevertheless, it does nothing to advance the narrative and it does even less to engender trust and credibility in you.

Simply put, it does not belong.

2. If a regular person can take pictures on scene and post them online, why can't I?

Really?! In 2012, this is still a question?

Here's a simple answer: Because EMS providers are not regular people!

Never mind the fact that it requires a particular kind of lunacy to even want to be in EMS; EMS providers, by their very nature are held to a much higher standard than "regular" people, both ethically and legally.

The ethics of EMS demand a significant degree of respect and dignity for every situation we face, no matter how "unbelievable" or "totally cool" it may be. The law of EMS, from the Federal level all the way down to local agency policies, requires the strictest confidentiality for every patient.

In fact, many of the rules and laws governing confidentiality among EMS providers have arisen from providers who captured gruesome or humiliating images on scene and published or posted them only to have patients or family members see them.

3. If the cops don't want "the guy" transported, who am I to tell them no?

Who are you? You are the person who is responsible for the care and treatment of the patient; that's who you are. You are the one who will be held responsible when something (bad) happens to the patient. Think of yourself as the parent in the situation and you are supposed to know better than the baby sitter (police).

The simplest rule of thumb is this: There is no "guy," only a patient; and a patient is a patient is a patient is a patient. It does not matter where or how you find them, what matters is that you exercise every last measure of due diligence for every single patient without exception. Period.

4. So, are you saying I can lose my license for something that may have happened off-duty?

Yes. That is exactly what I am saying. In most states, as it is in California, the agency or authority that regulates EMS likewise regulates the conduct of its providers 24/7/365.

Off-duty allegations of DUI, domestic violence, drug use, or anything else can and likely will be investigated by the licensing authority and action can and likely will be taken against your license regardless of the outcome in criminal court.

This year in California, for example, the State EMS Authority levied a $2,500.00 fine against a client after the original charges were dismissed in criminal court. My client was left with the choice of paying the fine or having an administrative trial for revocation on the original charges…hardly a choice, right?

Think of it like this: EMS providers are held to a higher standard — on duty and off —; because that's what we invite when we accept the responsibility of other people's lives.  

5. Can I really be held liable for what my partner does?

Yes. Yes! A thousand times YES! I get this question every single time I lecture. It seems that no matter how many times I say it, some providers just don't seem to grasp the concept that EMS is a team sport and the players win and lose with the team.

Each provider can be held to the standard of every other equally trained and licensed provider on scene. That is, every EMT can share responsibility with every other EMT.

Every paramedic can share responsibility with every other EMT and paramedic on the scene. Every paramedic supervisor can share responsibility with every EMT and paramedic on the scene. Get it?

If you see a mistake or you know or should know that that a particular provider is deficient and you do and say nothing about it, then you can be held liable for the mistakes that provider makes on a call with you.

Worse yet, if you are a supervisor or a training officer and you are aware of a deficiency that is not corrected, you can share liability even if you are not on the call. In a recent jury verdict in Louisiana, that failure cost one agency $117M.

As 2012 fades away into 2013, I challenge every EMS provider in the country to act on one question: Do I truly want to provide the best — and only the best — patient care there is to offer?

If the answer is "yes," then go forward and leave your own mark on EMS. If your answer is "no," I thank you for playing, but ask that you kindly step aside.

I wish all of you the happiest of holidays and the most prosperous of New Years. Stay safe, do good, and have fun…but not too much.

About the author

David Givot, Esq., graduated from the UCLA Center for Prehospital Care (formerly DFH) in June 1989 and spent most of the next decade working as a Paramedic responding to 911 in Glendale, CA, with the (then BLS only) fire department. By the end of 1998, he was traveling around the country working with distressed EMS agencies teaching improved field provider performance through better communication and leadership practices. David then moved into the position of director of operations for the largest ambulance provider in the Maryland. Now, back in Los Angeles, he has earned his law degree and is a practicing Defense Attorney still looking to the future of EMS. In addition to defending EMS Providers, both on the job and off, he has created TheLegalGuardian.com as a vital step toward improving the state of EMS through information and education designed to protect EMS professionals - and agencies - nationwide. David can be contacted via e-mail at david.givot@ems1.com.
Comments
The comments below are member-generated and do not necessarily reflect the opinions of EMS1.com or its staff. If you cannot see comments, try disabling privacy and ad blocking plugins in your browser.
Sean N Yeni Smiley Sean N Yeni Smiley Wednesday, December 19, 2012 7:05:36 PM Excellent article! I wish everyone took seriously the content of your informative articles. Truly invaluable reminders of just how risky our jobs are from a legal standpoint.
Jake Stein Jake Stein Thursday, December 20, 2012 1:54:07 PM Great article! EMS jobs are no more risky than any other type of job. Everything mentioned here should have been covered in school and continued to be reinforced by the employer. Some just don't understand professionalism and commonsense so it is difficult to get them to see many of the responsibilities of holding a certification or license. Some were educated by heroic stories rather than the material needed to be a professional in EMS. Others believe that all the continuing education needed is found on the anonymous online forums which are full of bad information.
Stacy N Tammy Hickle Stacy N Tammy Hickle Sunday, December 23, 2012 7:00:17 PM Really great points that need to be driven home to each of us.
Felipe Hemming Felipe Hemming Sunday, December 23, 2012 7:06:30 PM Images taken at a MVA can be valuable to document MOI and to provide information to the Medical Providers at the TC. But what do I know, I am just a Paramedic working the streets versus someone who used to, and is now a Lawyer hired by the Brain Trusts that manage or own Ambulance Companies.
Mario Torralva Mario Torralva Sunday, December 23, 2012 7:47:28 PM The question was specific to taking pictures and posting them online. The question had nothing to do with pictures to better "document MOI."
David Givot David Givot Monday, December 24, 2012 10:48:48 AM Wow Felipe, that was an unnecessarily venomous and hateful post; especially since you don’t know me. Thanks, Mario, for pointing out what Felipe didn’t see when he skimmed the article. If Felipe knew me or had read any of my stuff or had ever seen me lecture, he would know that I advocate photographing calls for documentation, MOI, and continuity of care – as they are ALL protected by the various laws of confidentiality. I do NOT advocate posting the images online. If Felipe knew me, he would know that my law practice – which is based on my experience as a Paramedic – is built to protect and defend providers just like him and he would probably have less contempt. Thanks, Mario, for having my back.
Felipe Hemming Felipe Hemming Tuesday, December 25, 2012 4:52:14 PM Venomous and hateful really in less than 100 hundred words, that must be some sort of record. I guess Lawyer jokes upset you as well, wow. What I said is completely true, your a Lawyer and you used to be a Paramedic and you not only represent EMS providers and Ambulance Companies, you represent and defend accused criminals and drunk drivers. Sorry again for offending you, that was not my intent when I responded to your editorial. I look forward to reading and responding to future articles. Merry Christmas.
David Givot David Givot Thursday, January 03, 2013 12:58:19 PM Lawyer jokes don't bother me. I don't like lawyers either. Yes, I represent accused people, that includes accused EMS providers. I fight to make sure that rights are not abused or disregarded by those who we trust to uphold the law...and I do it with as much pride as that with which I have done anything, including being a Paramedic. I'm not sure why you felt the need to attack me personally. If you think posting scene photos online is a good idea, more power to you; I will defend you too when the state wants to revoke your license. Oh, and just for clarity, what Ambulance Companies do I represent?
Robin Cobley Robin Cobley Tuesday, December 25, 2012 3:21:48 PM Good job David. Don't ever put on-duty pix online. Good article.
Jennifer Cavallari Jennifer Cavallari Friday, December 28, 2012 9:28:22 AM Sending this one to my director. Thanks!

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