• Episode 11: Reasonable Doubt
    Oct 19 2021
    On 8/22/2021, a Colorado grand jury handed down a 32-count criminal indictment against the police officers and EMS personnel involved in the incident that led to Elijah McClain’s death. On this episode of the Standard of Care, Nick and Samantha try to untangle what these indictments could mean for the EMS community. We reach out to our resident experts - former prosecutor (now business lawyer) Chris Timmons and defense attorney (and Samantha’s law school classmate) Stephen Coxen – for answers. How do prosecutors even decide to file charges in a case like this? How does a grand jury work? What are the strengths and weaknesses of the prosecution’s case, and how does a criminal defense attorney defend a client against these charges? What can EMTs and paramedics do to protect themselves from potential criminal liability? Please like, comment, and subscribe!
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    1 hr and 9 mins
  • Episode 10: When Everything Hits the Fan
    Oct 19 2021
    COVID-19 has strained the healthcare system to its breaking point. In this episode of the Standard of Care, Nick and Samantha are joined by Beth Sivertsen, Medical Ethicist and critical care nurse. We examine “crisis standards of care” and what those words mean for EMS. What are crisis standards of care? Who declares that they are in effect? What impact do crisis standards have on EMS providers’ legal obligations to patients? What is the ethical thing to do in a situation where resources are limited, and how should those decisions be made? Please like, comment, and subscribe!
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    54 mins
  • Episode 9: Sinners and Saints
    Sep 24 2021
    On this episode of the Standard of Care Podcast, Nick and Samantha take on the controversial topic of religious accommodations for the COVID-19 vaccines under Title VII of the Civil Rights Act of 1964. Can employees request religious exemptions from vaccinations? What is a “sincerely held religious belief”? What information should employees provide, and what can employers request? What is an “undue hardship” for an employer?
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    50 mins
  • Episode 8: I’m So Tired
    Jul 9 2021
    Fatigue in EMS isn’t new. Almost every EMT and paramedic has a story. So grab a coffee or an energy drink and join us as Nick and Samantha take a look at a recent case that happened in our own backyards. We consider the criminal and civil liabilities that fatigue creates for EMTs, paramedics, and EMS agencies. What can the tired EMT or paramedic do? What should agencies be doing to decrease the fatigue suffered by employees in the face of increased call volumes and staffing challenges? Will it take a nuclear verdict or two for everyone to get serious about fatigue?
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    44 mins
  • Episode 7: EMS Chiefs Gone Wild
    May 28 2021
    Intubations are risky business. Paramedics – and their patients – benefit from the right tools, education, and training. But when does “practicing intubations” become an issue of legal liability? On this episode of the Standard of Care Podcast, Nick and Samantha review the case of the Bellingham, Washington fire department’s intubation practice on a deceased patient. The incident spawned several lawsuits and resulted in the City’s public release of its outside counsel’s confidential investigation. What can an EMT or paramedic faced with a similar situation do? How should an agency handle a patient who dies in the ambulance? What should agencies do to ensure that medics receive proper training on intubations? What options will the agency’s lawyer have – if any? Please like, comment, and subscribe!
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    1 hr and 10 mins
  • Episode 6: Closed for Business
    Apr 20 2021
    On this episode of the Standard of Care Podcast, Nick and Samantha try to help EMS providers make sense of one of the most widely known (yet least understood!) laws on the books, the Emergency Medical Treatment and Labor Act (EMTALA). What is the law meant to address? Is EMTALA different for hospital-based and non-hospital-based EMS providers? Can your ambulance be parked at the ER ramp, or your patient turned away? What does the 250-yard rule have to do with care? Has COVID changed the way that EMTALA applies, and can we expect to see these changes continue? Please like, comment, and subscribe!
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    1 hr and 3 mins
  • Episode 5: Vitamin K (Legally!)
    Mar 22 2021
    On this episode of the Standard of Care Podcast, Nick and Samantha examine the legal issues of the Elijah McClain case in Colorado. Mr. McClain’s tragic death – and other situations like his - has led politicians to call for bans on the use of ketamine. We look at how Mr. McClain’s lawyers tell his story and what claims they bring against Aurora Fire and its medical director. This case has important lessons for crews, supervision, and medical directors. How can you protect your patient, yourself, and your agency when you encounter these scenes? Please like, comment, and subscribe! Note: This episode was filmed before the City of Aurora released the independent investigation report, but we have added the report to the links.
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    1 hr and 7 mins
  • Episode 4: Nope!
    Feb 4 2021
    On this episode of the Standard of Care Podcast, Nick and Samantha discuss one of their favorite topics: patient refusals! We examine why patient refusals are a liability trap - how can providers walk the fine line between respecting patient wishes and ensuring that patients receive proper care? We discuss Nick’s handy acronym “CURED” (capacity, understanding, risks, education, decision/documentation). Making sure your patient is CURED protects you as the provider from liability and ensures that your patient is making an informed decision about refusing care. Please like, comment, and subscribe!
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    49 mins