I don't know if this has been discussed before, but...

[Brian1023]

...I've been wondering about this for quite some time.

Let's use this as the scenario:
a town with FD based EMS recieves a call for an unknown medical. The FD responds with a BLS unit and finds a pt. with a sinus infection. The guys on scene decide that they don't want to commit to this, so they call a local private company to take the pt. The private BLS unit shows up, the FD hands the pt. over, and sends the privates guys and pt. on their way. Enroute to the ER, the ambulance is broadsided by a truck, critically injuring the pt. and crew.

Is the FD at fault legally at all?


Just wondering because one of the departments around here has a knack for doing this. Anything that ALS doesn't commit to, they always hand over to someone else, and it's only a matter of time before something happens.

[mitllesmertz1]

I don't see any liability.
If unit "A" gives the pt to unit "B", and "B" kills the pt, wether by a tornado, mva, or stupidity, unit "a" has no interest in the situation after they transfer care.
If it's a downgrade by unit "a" (ALS to BLS) there may be some protocol issues (ie Base Station contact), but that's not at issue here.
Sleep easy sir, it's not your problem :)

[jasper45]

No, there is no liability.
Unfortunately for us, we use private ambo's for all BLS transports, after we first respond. As a result we hand off patients all the time, and all with no legal issues.

[Weruj1]

I don't see any liability.
If unit "A" gives the pt to unit "B", and "B" kills the pt, wether by a tornado, mva, or stupidity, unit "a" has no interest in the situation after they transfer care.
If it's a downgrade by unit "a" (ALS to BLS) there may be some protocol issues (ie Base Station contact), but that's not at issue here.
Sleep easy sir, it's not your problem :)
and thats no lie ..............ZZZZZZZZZZZZzzzzzzzz

[RoryEl]

I disagree. I believe there are fact issues that would have to be resolved before absolving anyone or entity of any degree of joint and several liability. Remember this is a legal question and common sense has nothing to do with fault. This is my own uneducated opinion, not legal advise! LOL

[FyrGuy176]

If you transported said Pt to the hospital and and an airplane crashed into the ED killing everyone, including your Pt., would the transporting agency be legally responsible for the Pt death? :rolleyes:

[the1141man]

If you transported said Pt to the hospital and and an airplane crashed into the ED killing everyone, including your Pt., would the transporting agency be legally responsible for the Pt death? :rolleyes:

In this day and age? You probably could find a lawyer to file it, a judge to allow it, and a jury to find for it... :mad:

[dday05]

...I've been wondering about this for quite some time.

Let's use this as the scenario:
a town with FD based EMS recieves a call for an unknown medical. The FD responds with a BLS unit and finds a pt. with a sinus infection. The guys on scene decide that they don't want to commit to this, so they call a local private company to take the pt. The private BLS unit shows up, the FD hands the pt. over, and sends the privates guys and pt. on their way. Enroute to the ER, the ambulance is broadsided by a truck, critically injuring the pt. and crew.

Is the FD at fault legally at all?


Just wondering because one of the departments around here has a knack for doing this. Anything that ALS doesn't commit to, they always hand over to someone else, and it's only a matter of time before something happens.

As your scenario goes I think I would be reevaluating your EMS program. Why bother running EMS if you're going to pawn off your pts. to a private? I'm not picking on you and I'm not saying it's your dept. I'm just using your scenario as I stated.

As far as the1141man says, no matter what these days NO matter what you do you'll be screwed!

[SPFTMEDIC]

I agree any lawyer can put a case together. Was the private crew transporting emergently, (please say no). If they were hit during transport I would be very suprised if anyone is going to see legal action of some sort other than the truck driver who hit the rescue.

[SPFTMEDIC]

After rereading your post Brian I have another question. Do you have something against an ALS provider handing a pt over to a BLS rescue when the call is truly a BLS call? Are the ALS units sparse in your area? These questions are not meant to start an argument just curious. Many areas nationwide have limited ALS coverage and if there BLS transport option available for a BLS pt why not send em off with them? Especially if you could eliminate all possibilities of abuse of this option.