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Copyright 1998 by Walter G. Green III
Members of the emergency services live with the law every day. Basic legal concepts guide interactions with the persons we are serving, including the concepts of negligence, patient abandonment, informed consent, etc. When we respond in an emergency, specific laws on emergency response, operations of motor vehicles, and good Samaritan acts guide our actions. If we end up in court the emergency rule, the distinction between policy and ministerial roles, and sovereign immunity may influence the outcome. Standards of care and standards of performance even show up in business continuity, as executives of corporations are being held accountable for taking prudent actions to protect the value of shareholder investments. A working knowledge of legal principles and their application to what we do is crucial to the affairs of your organization and the management of your own exposure as a manager.
At the end of this session each student will be able to:
(1) Identify sources of law and describe how they influence the overall body of the law.
(2) Differentiate between civil and criminal law.
(3) Identify immunities to being sued successfully.
(4) Describe the concept of negligence.
(5) Identify legal issues associated with organization administrative and personnel policies.
(6) Describe the role of documentation in establishing actions, thoughts, and processes.
During this session, read the following material:
(1) Chapter 17: The Law of the draft textbook MANAGING THE EMERGENCY SERVICES - AN INTRODUCTION (sent to you by e-mail).
Everyone answer three of the following five questions (one E-Mail to the Listserver per question, and make sure you include a subject line that identifies which question you are answering). You may answer them in any order you wish. Remember also to read and comment on at least two answers to questions by your fellow students.
(1) In your training to do your present emergency services job, how much training have you received on the applicable statutes, regulations, and standards that govern your actions? For individuals who are not members of emergency organizations, how much legal training do you think is included in the training of emergency responders? How long has the training been? In how much depth?
(2) Describe an impact the law has on how you do your job on a day-to-day basis. What law and what impact?
(3) Pick a procedure or action that your agency routinely does, administrative, personnel, or emergency. How are actions documented? Does the documentation establish what was done, who did it, why it was done, etc.?
(4) What immunities do you believe you may have under Virginia law from a successful suit as a result of actions in an emergency? For individuals who are not members of an emergency service, what immunities do you think your local emergency responders enjoy?
(5) Suppose you want to have a law, regulation, or standard changed. How would you go about making change occur? What steps would you need to take, involving whom?