Guest guest Posted March 28, 2008 Report Share Posted March 28, 2008 This is all super helpful info...thanks for the quick feedback.. I asked a pretty vague question, so now let me try to give a 'hypothetical'(completely fictional). Suppose you (Mr. Paramedic with BigTown FD) are travelling through Texas and come upon a heavy wreck scene in Rural, TX with Volunteer EMS (ECA's or Basic's) onscene doing the best they can... Patient direly needs an airway due to massive trauma... They have a ET Roll... You're standing there...No cell phone coverage...Liable for not performing your proficient skills? OR...you perform the intubation perfectly, but skill are liable for Practicing w/o License? Thanks again.... Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 28, 2008 Report Share Posted March 28, 2008 The next section, 74.152, is the important section for Texas medics. § 74.152. UNLICENSED MEDICAL PERSONNEL. Persons not licensed or certified in the healing arts who in good faith administer emergency care as emergency medical service personnel are not liable in civil damages for an act performed in administering the care unless the act is wilfully or wantonly negligent. This section applies without regard to whether the care is provided for or in expectation of remuneration. In spite of the title, Licensed Paramedic, these folks are not " licensed or certified in the healing arts " under the statute. The Texas Paramedic license is not a " real " license in the sense of a medical license, a law license, a dentist's license, et cetera. So you're covered even if you're paid, unless you are wilfully or wantonly negligent. Additionally, there is a separate " Good Samaritan " clause in Chapter 773 of the Health and Safety Code, the EMS law that covers instructors and physician medical directors and others who authorize, sponsor, or supervise EMS personnel. Sec. 773.009. LIMITATION ON CIVIL LIABILITY. A person who authorizes, sponsors, supports, finances, or supervises the functions of emergency room personnel and emergency medical services personnel is not liable for civil damages for an act or omission connected with training emergency medical services personnel or with services or treatment given to a patient or potential patient by emergency medical services personnel if the training, services, or treatment is performed in accordance with the standard of ordinary care. This statute uses the phrase " standard of ordinary care " rather than " wilfull or wanton. " The standard of ordinary care is a jury question. This statute and 74.152 are fairly unique and not representative of other states' Good Sam provisions. Gene G. > > > For Texas, the statutory reference is Texas Civil Practices & Remedies Code > 74.151. The statute reads as follows: > > § 74.151. LIABILITY FOR EMERGENCY CARE. (a) A person > who in good faith administers emergency care is not liable in civil > damages for an act performed during the emergency unless the act is > wilfully or wantonly negligent, including a person who: > (1) administers emergency care using an automated > external defibrillator; or > (2) administers emergency care as a volunteer who is a > first responder as the term is defined under Section 421.095, > Government Code. > ( This section does not apply to care > administered:                        > (1) for or in expectation of remuneration, provided > that being legally entitled to receive remuneration for the > emergency care rendered shall not determine whether or not the care > was administered for or in anticipation of remuneration; or > (2) by a person who was at the scene of the emergency > because he or a person he represents as an agent was soliciting > business or seeking to perform a service for remuneration. > ©, (d) Deleted by Acts 2003, 78th Leg., ch. 204, § 10.01.                > (e) This section does not apply to a person whose negligent > act or omission was a producing cause of the emergency for which > care is being administered. > > There may be additional statutes that may apply to specific circumstances. > For example, there's a specific statute in the Texas Health and Safety Code > relating to AED deployment and usage. Additionally, all of these statutes are > subject to appellate caselaw which may limit, expand, explain, define, or > distinguish the relevant statutes. > > Most tort law is governed under state law, so there is not a generic Federal > " Good Samaritan " law. There may well be specific Federal statutes governing > certain situations subject to Federal legislation. > > As always, I'm not your lawyer, so this isn't legal advice. Additionally, > this is just what comes to mind immediately. Other people and other lawyers > may find additional provisions that may be relevant to your situation. > > Hope this helps. > -Wes Ogilvie, MPA, JD, LP > -Attorney at Law/Licensed Paramedic > -Austin, Texas > > Good Samaritan Law > > I'm in the process of compiling information regarding the > mythical 'Good Samaritan Law'. It seems, though, that many people have > a different interpretation of this priviledge, either based on > antiquated ideas or just 'heirloom' hearsay: " It's only if you're a > volunteer... volunteer...<wbr> " , " You can only give oxygen.... " , " An > skill level as long as you're not being paid (renumeration) skill leve > can only perform BLS... " . Unfortunately, not once has any reference > been made to an actual standing state or national law. In order to > provide my students the most accurate info, can someone direct me to > the law or statute that pertains to this? Thanks again to this forum > for all the help... Mark.... > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 28, 2008 Report Share Posted March 28, 2008 Again, this would be answered by your protocols. I am a paramedic when at work, and a paramedic first responder when not at work. Our medical director for our volunteer first responder group " covers " us to respond anywhere in the state of Texas as long as we practice according to protocol. Kathy Birdwell, LP Mark Sastre wrote: This is all super helpful info...thanks for the quick feedback.. I asked a pretty vague question, so now let me try to give a 'hypothetical'(completely fictional). Suppose you (Mr. Paramedic with BigTown FD) are travelling through Texas and come upon a heavy wreck scene in Rural, TX with Volunteer EMS (ECA's or Basic's) onscene doing the best they can... Patient direly needs an airway due to massive trauma... They have a ET Roll... You're standing there...No cell phone coverage...Liable for not performing your proficient skills? OR...you perform the intubation perfectly, but skill are liable for Practicing w/o License? Thanks again.... --------------------------------- Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 29, 2008 Report Share Posted March 29, 2008 OK, I still believe that it solely depends on how your protocols are written or if you medical director is willing to cover you in the event you treat beyond your normal response area. The fire department I work for has a clause in the protocol that allows any level of treatment in the county (our system covers only a portion of the county) as long as the system responsible for response requests assistance and the person performing the treatment meets the definition of " on duty " status. Yes, the Texas Licensed Paramedics does not meet the same definition as other licensed health care providers but we still fall under certain requirements as provided by the Health and Safety Code. HSC 773.007 stipulates that " advanced life support must be under medical supervision and a licensed physician's control. " So if your protocol does not allow care outside of you primary response area then advanced level care is not covered unless your medical is willing to cover your actions. Good Samaritan laws are there to cover civil liability not criminal or any rules or regulation set forth by DSHS. Mike Shown, BS, LP > > The next section, 74.152, is the important section for Texas medics. > > > > § 74.152. UNLICENSED MEDICAL PERSONNEL. Persons not > licensed or certified in the healing arts who in good faith > administer emergency care as emergency medical service personnel > are not liable in civil damages for an act performed in > administering the care unless the act is wilfully or wantonly > negligent. This section applies without regard to whether the care > is provided for or in expectation of remuneration. > > > In spite of the title, Licensed Paramedic, these folks are not " licensed or > certified in the healing arts " under the statute. The Texas Paramedic license > is not a " real " license in the sense of a medical license, a law license, a > dentist's license, et cetera. > > So you're covered even if you're paid, unless you are wilfully or wantonly > negligent. > > Additionally, there is a separate " Good Samaritan " clause in Chapter 773 of > the Health and Safety Code, the EMS law that covers instructors and physician > medical directors and others who authorize, sponsor, or supervise EMS > personnel. > > Sec. 773.009. LIMITATION ON CIVIL LIABILITY. A person who authorizes, > sponsors, supports, finances, or supervises the functions of emergency room > personnel and emergency medical services personnel is not liable for civil damages > for an act or omission connected with training emergency medical services > personnel or with services or treatment given to a patient or potential patient by > emergency medical services personnel if the training, services, or treatment > is performed in accordance with the standard of ordinary care. > > This statute uses the phrase " standard of ordinary care " rather than " wilfull > or wanton. " The standard of ordinary care is a jury question. > > This statute and 74.152 are fairly unique and not representative of other > states' Good Sam provisions. > > Gene G. > > > > > > > > > For Texas, the statutory reference is Texas Civil Practices & Remedies Code > > 74.151. The statute reads as follows: > > > > § 74.151. LIABILITY FOR EMERGENCY CARE. (a) A person > > who in good faith administers emergency care is not liable in civil > > damages for an act performed during the emergency unless the act is > > wilfully or wantonly negligent, including a person who: > > (1) administers emergency care using an automated > > external defibrillator; or > > (2) administers emergency care as a volunteer who is a > > first responder as the term is defined under Section 421.095, > > Government Code. > > ( This section does not apply to care > > administered:                        > > (1) for or in expectation of remuneration, provided > > that being legally entitled to receive remuneration for the > > emergency care rendered shall not determine whether or not the care > > was administered for or in anticipation of remuneration; or > > (2) by a person who was at the scene of the emergency > > because he or a person he represents as an agent was soliciting > > business or seeking to perform a service for remuneration. > > ©, (d) Deleted by Acts 2003, 78th Leg., ch. 204, § 10.01.                > > (e) This section does not apply to a person whose negligent > > act or omission was a producing cause of the emergency for which > > care is being administered. > > > > There may be additional statutes that may apply to specific circumstances. > > For example, there's a specific statute in the Texas Health and Safety Code > > relating to AED deployment and usage. Additionally, all of these statutes are > > subject to appellate caselaw which may limit, expand, explain, define, or > > distinguish the relevant statutes. > > > > Most tort law is governed under state law, so there is not a generic Federal > > " Good Samaritan " law. There may well be specific Federal statutes governing > > certain situations subject to Federal legislation. > > > > As always, I'm not your lawyer, so this isn't legal advice. Additionally, > > this is just what comes to mind immediately. Other people and other lawyers > > may find additional provisions that may be relevant to your situation. > > > > Hope this helps. > > -Wes Ogilvie, MPA, JD, LP > > -Attorney at Law/Licensed Paramedic > > -Austin, Texas > > > > Good Samaritan Law > > > > I'm in the process of compiling information regarding the > > mythical 'Good Samaritan Law'. It seems, though, that many people have > > a different interpretation of this priviledge, either based on > > antiquated ideas or just 'heirloom' hearsay: " It's only if you're a > > volunteer... volunteer...<wbr> " , " You can only give oxygen.... " , " An > > skill level as long as you're not being paid (renumeration) skill leve > > can only perform BLS... " . Unfortunately, not once has any reference > > been made to an actual standing state or national law. In order to > > provide my students the most accurate info, can someone direct me to > > the law or statute that pertains to this? Thanks again to this forum > > for all the help... Mark.... > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 29, 2008 Report Share Posted March 29, 2008 Correct on all points. GG > > And Gene, this was tested in the courts with a Texas Appeals Court decision > in like 2002 or 2003 that stated that the San Fire Department EMS > Division was covered by the Good Samaritan Act in a case where there was > litigation and there was no proof of negligence. > > Still doesn't beat the old adage of " Just Be Nice! " > > Dudley > > Good Samaritan Law > > > > I'm in the process of compiling information regarding the > > mythical 'Good Samaritan Law'. It seems, though, that many people have > > a different interpretation of this priviledge, either based on > > antiquated ideas or just 'heirloom' hearsay: " It's only if you're a > > volunteer... volunteer...<wbr> " , " You can only give oxygen.... " , " An > > skill level as long as you're not being paid (renumeration) skill leve > > can only perform BLS... " . Unfortunately, not once has any reference > > been made to an actual standing state or national law. In order to > > provide my students the most accurate info, can someone direct me to > > the law or statute that pertains to this? Thanks again to this forum > > for all the help... Mark.... > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 29, 2008 Report Share Posted March 29, 2008 And Gene, this was tested in the courts with a Texas Appeals Court decision in like 2002 or 2003 that stated that the San Fire Department EMS Division was covered by the Good Samaritan Act in a case where there was litigation and there was no proof of negligence. Still doesn't beat the old adage of " Just Be Nice! " Dudley Good Samaritan Law > > I'm in the process of compiling information regarding the > mythical 'Good Samaritan Law'. It seems, though, that many people have > a different interpretation of this priviledge, either based on > antiquated ideas or just 'heirloom' hearsay: " It's only if you're a > volunteer... volunteer...<wbr> " , " You can only give oxygen.... " , " An > skill level as long as you're not being paid (renumeration) skill leve > can only perform BLS... " . Unfortunately, not once has any reference > been made to an actual standing state or national law. In order to > provide my students the most accurate info, can someone direct me to > the law or statute that pertains to this? Thanks again to this forum > for all the help... Mark.... > > Quote Link to comment Share on other sites More sharing options...
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