Duty To Act?

[eCamp91]

I just came across an article on Facebook regarding duty to act. I've seen that if you have any EMS stickers or logos on your vehicle pov you have a duty to act. If you are a license EMT you have to act.

A few weeks ago I went to look at motorcycles and as I was leaving I have came across a motorcycle accident and I pretty much was just holding this guy down from moving because of a possible spinal injury until FD arrived on scene, did I have legal duty to act?

I'm a new EMT and I cannot find this information any place I have looked, my state EMS site seems to be down? I guess.

I live in Detroit, MI.

Would you have tried to help in anyway that you could?

Thanks.

[Bieber]

Were you being paid to provide medical service? The law cares if you're being compensated to provide medical service, not what you have on your vehicle.

The article below is pretty informative:

http://theemtspot.com/2009/06/23/what-is-the-duty-to-act/

[CPhT]

In Michigan, you only have a duty to act if you expect or accept compensation in any form for your services. That means if you accept money, goods, or even services in return, you are required to act.

Good Samaritan law in Michigan also states that if you are providing help within your level of training, you are protected against litigation, unless they can prove gross negligence through act or omission. That includes EVERYONE, from lay-persons up to medical directors.

Does having an Olde English D on your window make you a Detroit Tiger? Does wearing a jersey make you a Red Wing? Does having an IAFF license plate make you a firefighter? With a star of life sticker on my truck, would my wife (a teacher) have to stop if she was driving and saw an accident?

It doesn't matter if you have stickers on your car/truck, or if you're in full uniform, in MI, you have no legal obligation to stop.

Once I get to a full computer instead of my phone, I'll see if I can link you some actual laws.

[croaker260]

Were you being paid to provide medical service? The law cares if you're being compensated to provide medical service, not what you have on your vehicle.

The article below is pretty informative:

http://theemtspot.co...he-duty-to-act/

Actually, if you are a volunteer for an organization, but on duty....in your area .then you have a duty to act regardless of your compensation status.

Remember, even if you have a duty to act, you dont have a duty to be stupid. Many rescue situations, hazardous materials, and violence are all reasonable reasons not to rush in to a situation. On duty or off.

[paramedicmike]

While not the same as a duty to act, some states (Vermont and I think Wisconsin) have Good Samaritan laws dictating that anyone stop to render assistance if you see something happening. There are specifics outlining the details of when someone should stop. These are not based on any kind of provider level or education. They are directed at anyone who happens to come across an incident.

Generally speaking, though, unless specifically outlined in local Good Sam laws you don't have to stop. So what that you have an EMS sticker on your car? Does that mean the driver is an EMS provider?

[Vorenus]

While not the same as a duty to act, some states (Vermont and I think Wisconsin) have Good Samaritan laws dictating that anyone stop to render assistance if you see something happening. There are specifics outlining the details of when someone should stop. These are not based on any kind of provider level or education. They are directed at anyone who happens to come across an incident.

We have something very simliar in place around here. Just by calling EMS that duty to act is fulfulled, though, at least in most cases. If you`re working EMS or have specific knowledge that would apply to that situation (proven by a degree or vocational training), you do have the duty to render more care than an untrained bypasser, as an EMS worker.

[eCamp91]

Thanks everyone. Just reading people responses on the Facebook page really just made me wonder this. I appreciate all the insight.

Im open to the link CPhT.

[Just Plain Ruff]

ECamp91, don't trust Facebook or trust it just as far as you can throw wikipedia. Facebook is just like a rumor network and anything posted there can be construed as just that, rumor. Be careful what you take as truth.

You don't believe everything you read on the internet do you? I would hope not so don't believe everything you read on Facebook.

Just a word to the wise.

[eCamp91]

Oh no, could never believe all the Internet says unless I'm back in school, ha.

But I brought this up because I didn't know the laws regarding this topic in Michigan where as people who were commenting would state what their state laws were regarding this. Some responses we just so off the wall that I had to ask.

Someone even posted that she loaned her sister her vehicle that had a EMT sticker on it and happened to drive by a MVA and a bystander wrote down her license plate number and reported her.

Just being a new EMT just wanted to what this really meant.

Thanks all.

[Just Plain Ruff]

Yeah, I would do this, contact the state bureau of EMS in your state. They can give you the definitive answer I believe.