Discuss the issues of negligence, abandonment, assault and battery, and kidnapping and their implications for the EMT

What is negligence in EMS?

Failure to provide the same care that a person with similar training would provide in the same or similar situation.

What are the four elements used to determine negligence?

Duty, Breach of Duty, Damages, Causation.

What does “duty” mean in negligence?

The EMT has an obligation to provide care consistent with the standard of care, training, and local protocols.

What is a “breach of duty”?

When the EMT fails to act within the expected and reasonable standard of care.

What are “damages” in negligence?

Physical or psychological harm to the patient that is noticeable.

What does “causation” refer to?

A reasonable cause-and-effect relationship between the breach of duty and the patient’s damages; also called proximate causation.

Who can be sued if an EMT breaches their duty and causes harm?

The EMT, the agency, and/or the medical director.