Standard of Care Podcast – Details, episodes & analysis

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 Meeting
January 6-11, 2025
https://naemsp.org/annual-meeting/

 

South Carolina EMS Association

https://scemsa.org/

2025 SCEMSA Symposium
March 5-7, 2025
https://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, 2025
https://www.facebook.com/ghsemsconference/

 

FAST25
(FlightBridgeED Air and Surface Transport Symposium 2025)

Lexington, KY | May 19-21, 2025
https://fbefast.com

 

FTFC/Gathering of Eagles
2025 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.

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?

 

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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, 2020

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In late December 2017, Vanderbilt nurse RaDonda Vaught administered the wrong medication to a patient who subsequently died of an anoxic brain injury.  On March 25, 2022, a Tennessee jury found her guilty of gross neglect of an impaired adult and criminally negligent homicide.  Should providers – especially EMS providers – be worried that a medication error in the field could lead to jail time?  Is every treatment decision potentially a basis for not only civil liability, but criminal as well?  Nick and Samantha ask you to take your seat in the jury box as they discuss what actually happened.  Was this case truly just an “error”, or was there more to the story?  Given the facts as they were presented, and the law that applies to the case, would you have made the same decision? 

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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/

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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 answers. How do prosecutors even decide to file charges in a case like this? How does a grand jury work? What are the strengths and weaknesses of the prosecution’s case, and how does a criminal defense attorney defend a client against these charges? What can EMTs and paramedics do to protect themselves from potential criminal liability? Please like, comment, and subscribe!

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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 limited, and how should those decisions be made? Please like, comment, and subscribe!

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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?

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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 it take a nuclear verdict or two for everyone to get serious about fatigue?

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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 investigation. What can an EMT or paramedic faced with a similar situation do? How should an agency handle a patient who dies in the ambulance? What should agencies do to ensure that medics receive proper training on intubations? What options will the agency’s lawyer have – if any? Please like, comment, and subscribe!

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