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In this episode, Samantha and Nick examine a wrongful death lawsuit stemming from a non-transport decision—a case that highlights how quickly routine calls can turn into high-stakes legal events. The discussion centers on the death of a 26-year-old man with type 1 diabetes and a seizure disorder who requested transport, was left at home, and was later found deceased. Using the language of the actual court complaint, the episode explores the legal concept of public trust in EMS and what happens when that trust is alleged to be broken. From a leadership and risk-management perspective, the episode dissects the duty to assess, document, and transport—or properly refuse. The hosts examine how documentation choices (“canceled – no patient found”), failure to contact medical control, and leaving a high-risk patient alone can dramatically shift the legal narrative. Particular attention is given to supervisory actions after the call, including how complaint handling, recorded phone conversations, and well-intentioned but poorly worded statements can unintentionally strengthen a plaintiff’s case. The conversation also breaks down the legal mechanics of the lawsuit itself, including wrongful death, survivorship, and loss of consortium claims, as well as why a seemingly multimillion-dollar case may settle for far less. Throughout the episode, the emphasis remains on defensible decision-making, understanding administrative and civil liability exposure, and how EMS professionals can protect both patients and their licenses by aligning clinical judgment with documentation and protocol. Key takeaways Non-transport decisions carry legal weight: Refusing or discouraging transport in high-risk patients invites scrutiny.Documentation is your primary defense: “Canceled – no patient found” is nearly indefensible when patient contact occurred.Duty to assess does not end at the door: Seizure risk, diabetes, and being left alone matter legally and clinically.Medical control can help: Early physician involvement can shift responsibility and improve outcomes.Supervisors must handle complaints carefully: Poorly phrased responses can become admissions of fault.Assume you are being recorded: Phone calls, body cams, and bystanders can all end up in evidence.Do the right thing and write it down: Defensible care starts with sound clinical judgment and ends with accurate documentation.

When a paramedic in Kentucky faced a dying patient and a vial of antivenom, he had to make a split-second decision that could save a life… or end his career. In this episode of The Standard of Care Podcast, hosts Samantha Johnson and Nick Adams unpack one of the most talked-about EMS legal stories of the year: a paramedic who administered a rare antivenom under physician direction, only to find himself facing potential loss of his license. They break down the legal and ethical dilemmas behind the scope of practice, the real-world limits of medical direction, and what administrative law really means for providers in the field. Whether you’re an advanced clinician, a medic early in your career, or just starting in EMS, this episode offers insights that can protect your license — and your patients. Listen now wherever you get your podcasts! KEY TAKEAWAYS Scope vs. survival: Following the book may not always match the field reality — but understanding the limits of your practice can be the difference between being cleared and being called before the board.Medical direction matters: Acting under direct physician orders may protect you legally, but not always administratively — and that nuance can decide the fate of your license.Administrative law 101: The state board doesn’t have discretion to ignore complaints; every case gets investigated. Knowing this process is essential to defending your practice.Culture check: Heroic instincts can lead to dangerous freelancing. True professionalism lies in humility, documentation, and system adherence.Protect your license: When facing an investigation, don’t go it alone. Hire an attorney familiar with administrative law. You wouldn’t run a resuscitation solo — don’t handle your legal defense solo either.SHOWNOTESGivot, D. (2025, October 7). When Doing the Right Thing Breaks the Rules. EMS1. https://www.ems1.com/ems-protocols/when-doing-the-right-thing-breaks-the-rules   Hawkins, T. (2025, September 28). Facebook Comment. October 10, 2025, https://www.facebook.com/tiffany.heilmann/posts/this-is-the-best-breakdown-i-have-seen-/10108839286161953/   Abo, B. (2025). Venom / Toxinology. Venom / Toxinology & Wildlife. https://www.abo911.org/venom-toxinology   Williams, A. (2025, September 28). Expert Weighs in as Ky.. EMS Team Under Fire for Administering Antivenom. https://www.wkyt.com. https://www.wkyt.com/2025/09/28/expert-weighs-ky-ems-team-under-fire-administrating-anti-venom/

When does doing nothing become negligence? In this gripping episode of The Standard of Care Podcast, hosts Samantha Johnson and Nick Adams explore two real-world legal cases in which EMS providers were sued—not for what they did but for what they didn’t do. The central issue is the failure to forcibly enter a residence during a medical alert activation and its devastating consequences. This conversation explores pre-hospital providers' legal, ethical, and practical responsibilities when responding to calls that may require forced entry. From Life Alert activations to one-ring 911 calls and silent apartments with growing stacks of mail, this episode examines the critical decisions providers face when balancing patient care, property damage, and personal liability. You’ll walk away with actionable insights, fundamental policy considerations, and a deeper understanding of your “duty to act” when the door stays closed. Key Takeaways For providers with advanced responsibilities: Legal precedent is shifting—standing outside the door and “erring on the side of caution” may no longer protect you in court. If your system doesn’t give you the tools or authority to act decisively, it’s time to start the policy conversation.For providers early in their practice: Knowing how and when to involve law enforcement or fire services during a potential forced entry call is critical. Policies are not just guidelines—they’re your legal armor.For those just beginning in EMS: Just because the lights are off and no one answers the door doesn’t mean no one is home—or in danger. Learning when to escalate, who to call, and how to document your decision could be the essential skill you acquire early in your career.References https://f001.backblazeb2.com/file/Standard-Of-Care/Handout_ch37.pdf https://f001.backblazeb2.com/file/Standard-Of-Care/Handout_ch38.pdf  https://www.firelawblog.com/2011/06/16/duty-to-act-right-to-enter-their-well-being-our-well-being/   https://www.nbcphiladelphia.com/news/local/lawsuit-philadelphia-geneva-mackrides-death-senior-living-facility/4127192/   https://www.nbcphiladelphia.com/news/local/family-lawsuit-claims-north-philly-man-died-emts-left/4138474/   https://6abc.com/post/another-lawsuit-filed-city-philadelphia-ems-response/16045833/   https://www.ems1.com/legal/philadelphia-family-files-lawsuit-over-ems-failing-to-aid-father-after-unanswered-knock  

What happens when a determination of death GOES WRONG? In this episode of the Standard of Care Podcast, hosts Samantha Johnson and Nick Adams break down a real and heartbreaking case where EMS medics declared a 14-year-old patient deceased—only for him to be resuscitated at the hospital nearly an hour later. The fallout? A legal battle that made its way to the Supreme Court, and a patient left with devastating consequences. With legal nuance and clinical insight, Samantha and Nick walk through the case from street to courtroom. They explore the intersection of qualified immunity, the complexities of assessing patients with conditions like cerebral palsy, and the chilling legal and ethical risks that come with the determination of death in the field. This episode will change the way you view determination of death—and might just save your career someday. Listen now on your favorite podcast platform or directly at https://flightbridgeed.com/standard-of-care/. While you’re there, explore our award-winning and nationally recognized courses that are helping thousands of providers stay sharp, safe, and legally sound. Key Takeaways Don’t shortcut your assessment. "Cold to the touch" and single-lead asystole aren’t enough—especially in patients with neurological conditions that can present atypically.Qualified immunity protects government providers—until it doesn’t. It's not a license to cut corners.Thorough documentation and a second-by-second account of your decision-making process can be your legal lifeline.Cross-agency coordination and quality assurance are essential. What one crew misses, another might catch—but how that’s handled matters.EMT and paramedic education rarely prepares you for the weight of calling a death. Clinical training must evolve to meet that responsibility.When in doubt, initiate resuscitation. Let the ER be the place of final determination—not the living room. ReferencesStacy Williams, on behalf of her minor grandson, J.J. v. Andrew Williams and Joe Spradlin, United States District Court, Southern District of Texas, Houston Division, Civil Action File No. 4:23-cv-289 (January 26, 2023), available at https://bencrump.com/wp-content/uploads/2023/02/Doc.-1.-Plaintiffs-Original-Complaint.pdfFOX 26 Digital. (2023, February 2). Lawsuit Filed Against Houston Paramedics Who Refused Emergency Care to Disabled Teen. FOX 26 Houston. https://www.fox26houston.com/news/lawsuit-filed-against-paramedics-who-refused-emergency-care-to-disabled-teen Wallace, R. (2025, January 10). US Supreme Court Declines Case of 2 Houston Paramedics Who Mistakenly Declared Teen Dead. FOX 26 Houston. https://www.fox26houston.com/news/us-supreme-court-declines-case-2-houston-paramedics-who-mistakenly-declared-teen-dead

In this episode of The Standard of Care Podcast, Samantha Johnson and Nick Adams tackle a harrowing real-life EMS case involving a catastrophic ambulance fire in Honolulu, Hawaii. A routine oxygen tank switch turned deadly, sparking conversations around scene safety, equipment maintenance, and the legal standards EMS providers face. Explore the chilling details, from the moment the fire erupted to the ensuing lawsuit against EMS providers and manufacturers. This case shines a spotlight on the intersection of clinical practice and legal implications, offering critical insights for providers at every level. Listen now on your favorite podcast platform or at FlightBridgeED.com. While you’re there, explore our award-winning courses designed to elevate your practice and recertification goals. Key TakeawaysAdvanced Insight: The importance of maintaining oxygen equipment, understanding contamination risks (e.g., oil or grease in oxygen regulators), and mitigating dangers in oxygen-rich environments. Practical Tip: Always ensure proper protocol when switching oxygen tanks, such as turning off regulators during transitions and verifying equipment cleanliness. Foundational Learning: Scene safety remains paramount—never compromise personal safety when responding to emergencies, regardless of perceived public expectations.

In this episode of The Standard of Care podcast, hosts Samantha Johnson and Nick Adams delve into the complex legal framework of patient consent in EMS. What happens when a patient refuses care, even in life-threatening situations? How should EMS professionals navigate the fine line between consent, implied consent, and refusal, all while staying within the legal boundaries? Samantha quizzes Nick on real-world scenarios, offering practical insights on handling refusals, informed consent, and what EMS providers need to know about patient capacity. Whether you're a seasoned paramedic, new to the field, or just brushing up for the National Registry exam, this episode offers valuable knowledge on critical issues you may face. Get actionable advice, hear relatable examples, and understand the nuances that could impact your next decision. Tune in now to explore this important topic—and remember, you can find The Standard of Care wherever you listen to podcasts or on our website at flightbridgeed.com/explore. While you’re there, check out our award-winning courses designed to enhance your professional skills and knowledge. Key Takeaways: Understanding patient capacity is critical in determining whether you can proceed with care, even if consent is initially given. If a patient has capacity, their refusal must be respected, even in life-threatening situations.Implied consent allows EMS providers to intervene in emergencies when a patient is unconscious or unable to give explicit consent, but only within the necessary scope of care.Informed refusals are equally important as informed consent. EMS professionals must ensure patients fully understand the risks of refusing care and document everything thoroughly.

In this episode of The Standard of Care Podcast, Samantha Johnson and Nick Adams recount their journey from attending conferences to becoming conference speakers on critical medical-legal topics in EMS. They reflect on how these pivotal experiences shaped their current work. The episode dives into highlights from recent EMS conferences, such as South Carolina EMS, Metro Atlanta EMS, and FAST24, where they engaged with street-level medics and addressed critical topics in the ever-evolving landscape of EMS law. Whether you're a seasoned provider or just starting, this episode offers valuable takeaways on the value of EMS conferences, the evolution of the Standard of Care Podcast, and the importance of staying informed and involved in industry developments.   Links: National Association of EMS Physicians https://naemsp.org/ 2025 Annual MeetingJanuary 6-11, 2025https://naemsp.org/annual-meeting/   South Carolina EMS Association https://scemsa.org/ 2025 SCEMSA SymposiumMarch 5-7, 2025https://scemsa.org/ems-symposium   Metro Atlanta EMS Conference 2025 Metro Atlanta EMS Conference January 30-31, 2025 https://www.maemsc.org/   Prisma Health Swamp Rabbit Prehospital Medicine Conference 2025 Swamp Rabbit Conference June 17-19, 2025https://www.facebook.com/ghsemsconference/   FAST25(FlightBridgeED Air and Surface Transport Symposium 2025) Lexington, KY | May 19-21, 2025https://fbefast.com   FTFC/Gathering of Eagles2025 FTFC/Gathering of Eagles June 9-13, 2025 https://firsttherefirstcare.com/  

It’s back-to-school time for the kids and for paramedics and EMTs, too!  Nick is planning to renew his certification.  But we know there will be a set of medical-legal questions on the National Registry exam, and he will be sure he’s prepared.  In this series, Nick and Samantha dive deeper into the medical-legal concepts commonly tested on the National Registry and help our listeners prepare to take on these questions.  Please like and subscribe! You can get this and other podcasts anywhere you get your podcasts or from the FlightBridgeED website at https://flightbridgeed.com/standard-of-care/ Key Takeaways• Understand the Difference: Criminal actions are prosecuted by the state and aim to punish and deter, while torts are civil cases seeking compensation for wrongs.• Evidentiary Standards Matter: The burden of proof is much higher in criminal cases (beyond a reasonable doubt) compared to civil cases (preponderance of the evidence).• Negligence Requires Four Elements: To prove negligence, you must demonstrate duty, breach, causation, and damages. All four must be present for a successful claim.• Know Your Legal Responsibilities: As an EMS provider, it’s crucial to act with due regard for public safety, especially in high-stakes situations like driving with lights and sirens.• Be Prepared for Legal Complexity: Cases can involve both criminal and civil aspects, and understanding how these interact is vital for protecting yourself and your practice.

Spencer and Chris bring in the big guns from the Standard of Care podcast, Samantha Johnson and Nick Adams! This episode is probably one of the most disturbing cases of neglect we've reviewed in a while, so you've been warned!

On a hot Texas summer day, Dallas Fire responded to a grass fire on the side of the road.  Their subsequent encounter with a gentleman named Kyle Vess – all caught on surveillance camera - led to an ongoing lawsuit alleging “an abuse of power and a deliberate indifference to the life and welfare of the underprivileged in Dallas”.  What is the role of paramedics when confronted with a possible suspect?  Is it ever appropriate to fight a patient?  Are certain policies and practices of the department contributing to a perception (or a reality) that marginalized individuals are being treated differently?  Nick and Sam discuss all this and more.  Please like, comment, and subscribe!    Links: https://youtu.be/EGrlXDYzqqk https://youtu.be/-IbjBf88gpo https://www.dallasobserver.com/news/lawsuit-dallas-paramedic-kicked-man-in-face-while-in-police-custody-12235286 https://www.dallasobserver.com/news/dallas-tries-withholding-evidence-in-lawsuit-regarding-former-paramedic-brad-cox-who-kicked-man-in-face-12941255 https://www.dallasobserver.com/news/kyle-vess-court-rules-lawsuit-against-city-and-former-paramedic-can-move-forward-14303422 https://www.dallasobserver.com/news/video-dallas-fire-rescue-employee-kicks-man-in-face-12455856 See omnystudio.com/listener for privacy information.

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.

Season 3 is here! The release of the police body camera footage in the cases of Earl Moore, Jr. in Springfield, Illinois and Tyre Nichols in Memphis, Tennessee show EMS personnel at their worst.  In both cases, the providers failed to assess their patients and render proper treatment.  In Illinois, these failures resulted in first degree murder charges; in Tennessee, the firings of the personnel involved.  The results of the cases may differ based upon whether the providers have qualified immunity.  In this episode, Nick and Samantha discuss the legal concept of qualified immunity and its application in the two cases.  We take a hard look at what these cases say about EMS as a profession, and what it means to have the worst of us on public display.  Please like, comment, and subscribe!    The Standard of Care now has an email address!  Contact us directly at [email protected]!  We want to hear from you!  Tell us about the legal issues you’ve encountered, interesting cases you’d like us to discuss, and let us know what’s on your mind.   Links:   EMS 20/20 Show – Rapid Sequence Information. (2023, January 16). Reaction: Two EMS Workers CHARGED WITH FIRST DEGREE MURDER [Video]. YouTube. https://www.youtube.com/watch?v=HCqL3DF-apE Finton, L. (2023, January 30). Three Memphis Fire Department Personnel Fired for Not Providing Aid to Tyre Nichols. The Commercial Appeal. Retrieved February 3, 2023, from https://www.commercialappeal.com/story/news/crime/2023/01/30/three-memphis-fire-department-personnel-fired-for-not-providing-aid-to-tyre-nichols/69855376007/ JEMS Staff (2023, January 31). Memphis Fire Department Fires Three in Connection to Tyre Nichols' Death. JEMS. Retrieved February 3, 2023, from https://www.jems.com/patient-care/report-tyre-nichols-may-have-survived/#:~:text=Memphis%20Fire%20Department%20Fires%20Three%20in%20Connection%20to%20Tyre%20Nichols'%20Death,-By&text=The%20Memphis%20Fire%20Department%20has,'%20death%2C%20the%20department%20announced Olsen, D. (2023, February 3). New Details Emerge in Case Against EMS Workers Charged with Murder. Illinois Times. Retrieved February 3, 2023, from https://www.illinoistimes.com/springfield/new-details-emerge-in-case-against-ems-workers-charged-with-murder/Content?oid=16407188 WAND Staff (2023, January 16). Police Release Body Cam Footage from Fatal EMS Incident. WAND. Retrieved February 3, 2023, from https://www.wandtv.com/news/police-release-body-cam-footage-from-fatal-ems-incident/article_60ac0d16-9118-11ed-8a09-43e4be2bb405.html 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.

Dispatchers, call-takers, emergency communications officers – our 911 communications staff are our first first responders.  They work to ensure that patients receive the right resources for their emergencies.  But sometimes, it goes wrong.  According to a recently filed lawsuit, a Pennsylvania dispatcher refused to send an ambulance to a patient, resulting in the patient’s death.  The incident was allegedly so egregious that the local district attorney filed criminal charges against the dispatcher and his leadership.  In this episode, Nick and Samantha discuss the case of Titchennell v. Greene County, Pennsylvania, and explore the liability issues for 911 centers.  Please like, comment, and subscribe!       Links:     Kelly D. Titchenell, Administratrix of the Estate of Diania L. Kronk, deceased v. Greene County and Robert J. “Jeff Rhodes”, individually and as an employee of Greene County Emergency Management/911 Communications Center; and Leon Price, individually and as an employee of Greene County Emergency Management/911 Communications Center, Individually and Severally, United States District Court, Western District of Pennsylvania, No. 2:22-CV-890.   CBS Interactive. (2022, July 22). 3 More Charged After 911 Operator Accused of Not Sending Help. CBS News. Retrieved September 1, 2022, from https://www.cbsnews.com/news/911-operator-accused-of-not-sending-help-three-more-charged/ Mark Scolforo | The Associated Press. (2022, July 8). Pa. 911 Dispatcher Charged with Manslaughter After Failing to Send Ambulance. Pennlive. Retrieved September 1, 2022, from https://www.pennlive.com/news/2022/07/pa-911-dispatcher-charged-with-manslaughter-after-failing-to-send-ambulance.html   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.html See omnystudio.com/listener for privacy information.