“This statement was really meant to give prosecutors and judges serious food for thought on whether it’s appropriate to bring criminal charges in cases where standards of care are the issue.” Doug Wolfberg
In this compelling edition of NAEMT Radio, host Rob Lawrence is joined by nationally renowned EMS attorney Doug Wolfberg of Page, Wolfberg & Wirth to discuss one of the most pressing and controversial issues in EMS today — the criminalization of medical error.
Prompted by recent high-profile cases where EMS clinicians have faced charges ranging from negligent homicide to murder for clinical decisions made in the field, Rob and Doug take a deep dive into the joint position statement on criminal liability for deviations from EMS clinical standards. Drafted by Doug and his team, and endorsed by leading national EMS organizations, the statement provides guiding principles for prosecutors and judges, and advocates for a clearer distinction between human error and intentional misconduct.
Together, they explore the legal, ethical, and operational implications of this trend, and the chilling effect it may have on reporting errors, clinician retention, and fostering a culture of safety. With rich insights into what EMS leaders, field providers, and policymakers can do to protect both patients and professionals, this episode offers critical guidance on maintaining a just culture — where errors are learned from, not punished. Tune in for practical advice, poignant real-world examples, and a discussion that could shape the legal future of EMS care in America.
Resources Discussed
Joint Position Statement on Criminal Liability in EMS: https://www.naemt.org/docs/default-source/advocacy-documents/positions/20241210---final-joint-position-statement-on-criminal-liability.pdf?sfvrsn=2d3fe93_1
Related articles by Rob Lawrence and Doug Wolfberg:
Navigating criminal liability: Lessons from the Elijah McClain case (Rob Lawrence): Navigating criminal liability: Lessons from the Elijah McClain case
Malpractice or murder: When do EMS providers cross the line from negligence to a crime? (Doug Wolfberg): Malpractice or murder: EMTs charged with homicide in Moore case
Learn more about Page, Wolfberg & Wirth: www.pwwemslaw.com
Join the NAEMT: https://www.naemt.org/join/join
Popular Podcasts
My Favorite Murder with Karen Kilgariff and Georgia Hardstark
My Favorite Murder is a true crime comedy podcast hosted by Karen Kilgariff and Georgia Hardstark. Each week, Karen and Georgia share compelling true crimes and hometown stories from friends and listeners. Since MFM launched in January of 2016, Karen and Georgia have shared their lifelong interest in true crime and have covered stories of infamous serial killers like the Night Stalker, mysterious cold cases, captivating cults, incredible survivor stories and important events from history like the Tulsa race massacre of 1921. My Favorite Murder is part of the Exactly Right podcast network that provides a platform for bold, creative voices to bring to life provocative, entertaining and relatable stories for audiences everywhere. The Exactly Right roster of podcasts covers a variety of topics including historic true crime, comedic interviews and news, science, pop culture and more. Podcasts on the network include Buried Bones with Kate Winkler Dawson and Paul Holes, That's Messed Up: An SVU Podcast, This Podcast Will Kill You, Bananas and more.
24/7 News: The Latest
The latest news in 4 minutes updated every hour, every day.
Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com