Immunity

Refusal AMA Forms in Foreign Languages

Today’s burning question: Could a medic who fails to obtain an informed refusal from a patient who does not speak English be liable? Could the fire department be held liable for not providing refusal forms in other languages?

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Milwaukee Not Entitled to Immunity for Explosion

The Wisconsin Court of Appeals has ruled that the City of Milwaukee must stand trial over its response to a gas leak in 2009 that resulted in a house explosion. The incident occurred on February 2, 2009 when firefighters were dispatched to the 2400 block of North 10th Street for a reported odor of natural gas...

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Ohio Fire Department and Firefighters Dismissed Out of Wrongful Death Suit

A federal court judge in Ohio has dismissed a fire department and four of its firefighters from a wrongful death suit filed by the family of a woman who died in a fire in 2011. Sydney Burke died in a house fire on April 9, 2011, and her family blames the Mantua-Shalersville Fire Department for her death claiming that responding personnel “failed to immediately enter the structure and attempt rescue efforts for the known victim trapped inside the residence.”

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The Need for Liability Insurance

Today’s burning question: I am a Paramedic and EMS instructor. I just got my annual renewal notice for my malpractice insurance coverage. Do providers really need personal coverage?

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Homeowner Wants City to Pay for Door Damaged by Firefighters

Today’s burning question: Last March when I went out shopping, firefighters were called to my house and broke down my door. Apparently my neighbor called because my wood burning stove created a lot of smoke. The door cost me $2,000 to fix. Can I make the city or the firefighters pay?

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Suit by FDNY Firefighter Prompts Questions About The Fireman’s Rule

A lawsuit filed by an FDNY firefighter against a homeowner has prompted a rather indignant television news commentary proclaiming: “Did you know there are laws… that allow firefighters to sue you?” Oh my gosh… really??? You mean those scoundrel firefighters could sue JUST LIKE A NORMAL PERSON WHO IS INJURED THROUGH THE NEGLIGENCE OF ANOTHER COULD SUE? How terrible!!!!

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FDNY Back in Salty Dog Brawl Suit

Today’s burning question: Can a fire department be held liable for the conduct of a group of off-duty firefighters who get in a bar-room brawl? Answer: Before reading a ruling by the Appellate Division of the New York Supreme Court ...

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Alaska Supreme Court Reverses North Pole Fire Case

The Supreme Court of Alaska handed down a decision last week overruling a lower court that granted summary judgment the North Pole Fire Department, the North Star Volunteer Fire Department, and several of their officers. The rather strange case arose ...

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Fire Service Court – FDIC 2014

The Fire Service Court, Chip Comstock, Brad Pinsky, John Murphy and yours truly, gave a live 30 minute web chat at FDIC today covering a range of topics, from cops arresting firefighters, firefighters arresting citizens, guns in the firehouse, public ...

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