daniela -“(a) No person who in good faith, and not for
compensation, renders emergency medical or nonmedical care at the
scene of an emergency shall be liable for any civil damages resulting from any act or omission. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered.”
There it is in black & white -“other places where medical care is usually offered.” You don’t think the lawyer sharks will argue that an assisted living building is a place where medical care is offered?
“This subdivision applies only to the medical, law enforcement, and emergency personnel specified in this chapter.
(2) Except for those persons specified in subdivision (a), no
The scene of an emergency shall not include emergency departments and other places where medical care is usually offered.”
Again black & white.
“This subdivision shall not be construed to alter existing protections from liability for licensed medical or other
personnel specified in subdivision (a) or any other law.”
“The policy in USA (and most countries) is that once you call EMS, they take over the care, and one can not cancel a call (i.e. change their mind about no longer having a desire for assistance). So the nurse would have been protected: not only by the “samaritan” provision but also by the fact she would have been “following orders”. She could have argued that she called 911 according to protocol and afterwards they directed her to do so-and-so, which EMS can do even in a doctor’s office (let alone in an assisted living facility), until care is handed over to the emergency dept of a hospital.”
I’m sorry – Miss legal student or lawyer -you know nothing about Medical law. The only one that this employee has to listen to is her company. There is no magic. EMS takes over care of the pt. -they have No legal right over any other Medical person. They can’t give orders to Doctors or anyone else. She is under her own Medical Authority. Once she breaks that – she can be sued for anything under the sun and her insurance won’t cover her -since she broke the policy on purpose. I suggest you read up on EMS and the law. There is a legal group called Page, Wolfberg & Wirth, LLC, that specialize in this type of law, that you can contact.
They have a website.
Right now, you are bordering on Malpractice. This is just an anon. forum, but I hope in real life you don’t give this as legal advice!
“If some aggressive lawyers’ office contacts the deceased’s family and they smell the money and sue the nurse for refusing to follow the dispatcher’s orders, if this starts to get too many headlines and the assisted living facility fires her claiming she damaged their public image, it will not be me who sheds tears.”
You are in a dream world!