“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
24/7 News: The Latest
The latest news in 4 minutes updated every hour, every day.
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.
Crime Junkie
Does hearing about a true crime case always leave you scouring the internet for the truth behind the story? Dive into your next mystery with Crime Junkie. Every Monday, join your host Ashley Flowers as she unravels all the details of infamous and underreported true crime cases with her best friend Brit Prawat. From cold cases to missing persons and heroes in our community who seek justice, Crime Junkie is your destination for theories and stories you won’t hear anywhere else. Whether you're a seasoned true crime enthusiast or new to the genre, you'll find yourself on the edge of your seat awaiting a new episode every Monday. If you can never get enough true crime... Congratulations, you’ve found your people. Follow to join a community of Crime Junkies! Crime Junkie is presented by audiochuck Media Company.