EMT-B and an EMT-P on a BLS call, who is more liable?

[ghurty]

Anyone know what the Legal opinion is in the following scenerio?

Two members of a voly ems squad are on a call. The squad is a BLS only squad. One of the members is and EMT-B the other is a EMT-P.

Being that they are only doing BLS work, is legally the EMT-P still having greater responsibility and in charge? Meaning if there is a mess-up, would the EMT-P be more responsible, and if they dont listen to him could they be found to be negligent?

In that note, what would be if on a regular BLS call, an EMT-P wanders up (not part of the squad), he shows proper ID that he is an emt-p, would he have greater responsibility? If the EMT-B's dont listen to him, and something goes wrong could they be found negligent?

[spenac]

If part of your service and on duty Paramedic will be held to a higher level as their education should allow them to recognize things are wrong that a basic would/might/could/etc miss even if unable to treat at a higher level.

If a stranger walks up in my area even if a doctor it is up to local protocol how to deal with that. I remain in charge and can choose to allow the higher level to assist but they then must go with us and also be informed that they have accepted responsibility/liability for anything they do or should do. Some states and services may have different rules.

[rock_shoes]

The highest licensed person on car always has the greatest liability. Period. Even if only BLS supplies are available the higher licensed individual is able to do a more thorough assessment and come up with a more in depth treatment plan. If you increase your ability you increase your liability.

[Doczilla]

Concur with the above. The highest cert is the most liable, and in charge from a medical standpoint.

From an operational standpoint, it's the highest ranking officer. For example, a Batt Chief with EMT-B can give the orders about how to cut the car apart or how to attack the house fire, but not the order of transport of patients or where they should go or what treatment should be provided if there is a greenstick paramedic present.

'zilla

[ghurty]

Concur with the above. The highest cert is the most liable, and in charge from a medical standpoint.

From an operational standpoint, it's the highest ranking officer. For example, a Batt Chief with EMT-B can give the orders about how to cut the car apart or how to attack the house fire, but not the order of transport of patients or where they should go or what treatment should be provided if there is a greenstick paramedic present.

'zilla

Is this true even if the EMT-P does not have any medical control, and is working on a bls squad?

[fiznat]

^^ I would say the judgment should be made based on licensure, and not by anything else. If that person is licensed as a medic in your state, medical control or not, he/she should have that level of responsibility regarding medical decisions.

Any medic putting him/herself in this situation should be well aware of the risks involved with "riding as an EMT." It's a dangerous situation, and one that I don't think I'd want to be in any time soon.

[CBEMT]

Here's an idea- ask your state regulatory authority instead of random people on the Internet who have no say in the matter.

I mean, we're awesome and everything, but we don't make or probably even know the rules governing this situation.

[AnthonyM83]

It's generally taught that the higher medical authority has more liability than the lower medical personnel even if the lower medical personnel are the ones who make the mistake. Some thing are not preventable by the medic, so I'm sure courts would factor that in...but in general that above is what is taught.

As far as authority on-scene, I agree with what others are saying. Just be careful on being able to explain that the decision was more a medical one than scene control one if you're going to override a ranking member from another agency. Shoot an email to your local EMS authority.

We had paramedic on private ambulance get CHEWED out by a FD captain on a BLS engine for giving albuterol to a kid in respiratory distress. Made a huge stink about it. In the end, the private medic dropped by the station and handed him a copy of the EMS protocols saying he was right.

BUT if they were arguing about how to block off the scene or something non-medical, he would have been wrong.

[FormerEMSLT297]

Regardless of whether or not you are ALS equipped, the mere fact that you have a whole hell of a lot more training means that you, the ALS provider would be responsible.... thats just the way it is....

[spenac]

And even if you check with your state office as someone mentioned and they say no it is equal. I would not want to be you as a Paramedic in a lawsuit using that as a defense. You as a paramedic with more education than your basic partner will be held to a higher standard. So while your basic partner may get a slap on the wrist you as the paramedic could lose the house.