Not A-Fib: Criminal Liability and Legal Challenges for EMS Providers
This episode of the Not A-fib podcast looks into the increasing scrutiny EMS providers face from a legal standpoint, highlighted by high-profile cases like Elijah McClain's tragic death in Aurora, Colorado, and a recent Springfield, Missouri incident. Attorney and EMT Frank Flaspohler, who serves as legal counsel to Missouri ambulance districts, explains the differences between civil and criminal liability in EMS, the limits of governmental immunity, and the critical role of documentation. He discusses the legal thresholds around chemical and physical restraints, the importance of assessing mental capacity in refusals, and the risks tied to improper patient handling. Frank also shares practical advice on maintaining professionalism in reports and on scene, the nuanced challenges rural EMS agencies face, and emerging concerns such as mental health support for first responders.
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