Describe the roles and responsibilities of the EMT in court

What might an EMT testify about in a civil case?

The condition of the patient upon arrival and the treatment provided.

What might an EMT testify about in a criminal case?

The crime scene, injuries observed on a victim, and any statements made by a defendant.

What should you do if subpoenaed to testify?

Notify your service director and legal counsel.

How should an EMT act while testifying?

Remain neutral.

What should you review before going to court?

Your run report.

What is required if you are a defendant in civil or criminal proceedings?

The assistance of an attorney.

Who usually provides legal counsel in a civil lawsuit?

Your service or its insurance company.

What should you do if served with a civil summons?

Bring it to the attention of the head of your service immediately because the complaint must be responded to within a set period (usually 20–30 days).

What is the response to a civil complaint called?

An answer.

What is the statute of limitations?

The time within which a case must be commenced.

How long is the statute of limitations for negligence in many states?

Usually 3 years.

How does the statute of limitations differ for children?

Many states allow an extended period and specify a maximum age by which a claim must be filed.

What is governmental immunity?

Protection for EMS systems operated by municipalities or government entities, limiting or preventing lawsuits or monetary judgments.

What is contributory negligence?

A defense claiming the plaintiff’s own actions contributed to their injuries or damages

What is discovery?

An opportunity for both sides to obtain information to understand the case, negotiate a settlement, or prepare for trial.

What are interrogatories?

Written questions that each side sends to the other.

What are depositions?

Oral questions asked of parties and witnesses under oath.

What other methods can be part of discovery?

Requests for production of documents and physical examinations.

Do most cases go to trial?

No, most cases are settled before trial.

What should an EMT do if charged with a criminal offense?

Secure the services of a highly experienced criminal attorney immediately.

What types of damages may a plaintiff be awarded if a judgment is rendered?

Compensatory damages or punitive damages.

What are compensatory damages?

Compensation for injuries sustained, including medical bills, property damage, lost earnings, and physical or emotional pain and suffering.

What are punitive damages?

Damages reserved for cases where the defendant acted intentionally or with reckless disregard for public safety; not common in negligence cases.