ems-health-safety

Two California EMTs who were terminated after refusing to transport COVID 19 patients last spring because they were not supplied with properly-fitting N95 masks, have filed separate suits claiming wrongful termination, gender discrimination, retaliation, and violation of California Labor code.

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Today’s Burning Question: Does HIPAA allow first responders to be notified of critical information such as the addresses of positive covid-19 patients? Answer: HIPAA Hysteria… I do not know why HIPAA gets blamed for being a boogey-man, but HIPAA does not prohibit fire and EMS personnel from conveying necessary information to each other.

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The Centers for Disease Control and Prevention has undertaken steps to add the novel coronavirus, SARs-CoV-2, to the list of diseases that are subject to the emergency responder notification requirements of the Ryan White Act.

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In this episode, Curt and Bill Maccarone discuss the legal implication of the Corona Virus COVID-19 quarantine on fire departments and firefighters. Quarantine raises questions associated with sick leave, work-time, overtime, and workers compensation and all are discussed in the podcast.

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Detroit Firefighters Association IAFF Local 344 has filed suit against the city in an effort to block implementation of a policy requiring firefighters to wash down blood and bodily fluids at accident and medical scenes. The lawsuit filed in Wayne County Circuit Court seeks to block implementation of the “Bodily Fluid Aftermath Cleanup" policy.

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A patient in the back of a fire department ambulance that collided with another vehicle during transport killing the other driver, has filed suit against the department, two firefighter-paramedics, and the deceased's estate. Robert Cramblit was a patient in a Eugene Springfield Fire Department ambulance on July 31, 2013, when it collided with an SUV driven by Patricia L. Morgan. Morgan was pronounced dead at the scene.

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Here is a follow up to the story we covered last week with regards to the Glendale, Arizona firefighters who were disciplined for using excessive force against a man who assaulted them. The family of James Murillo has filed a multi-million dollar claim against the City of Glendale, Captain Sean Alford and Acting Captain Daniel Padilla, claiming the firefighters assaulted and verbally abused the mentally ill man last October.

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Today’s burning question: My crew was on an EMS run and the patient took a swing at us. Can we hit him back to defend ourselves? Answer: You can defend yourself, yes. If striking the patient is necessary to defend yourself, then yes you can strike the patient without being liable for battery. However, you cannot strike the patient in retaliation for him swinging or striking you, nor can you strike the patient out of frustration… even if he swung first!!!

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