Liability of an EMT acting strictly as a driver.

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Jon

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Wow.

I take a day off and I miss this thread. Wow.


OK... I'll self identify... I'm Jew-ish... (that is to say I was raised in Conservative Judisam, now vote Conservative, try to eat to the general principals of the laws of kashruit, and occasionally go to Shul - but with school every Saturday morning, it isn't easy. (Yeah... who else would find a way to link Fiddler on the Roof to a discussion on Volunteering).


In Philadelphia, there are several Russian-American owned ambulance companies that cater to a very large population of Russian and Ukrainian born 1st generation immigrants to Philly. Additionally, many of the involved are Jewish, because the socio-political views of communism made being a Jew in the USSR difficult... so they left.

Anyway... these "Russian Ambulance Companies" do a lot of the standard transport work... Dialysis, Dr's appointments, etc. Their customers are often foreign born, and many of their drivers and EMT's were raised in the same community, and many are fluent in Yiddish, Russian, or other regional dialects, therefore they have an easier time communicating with the patients.

These companies advertise at community fairs and festivals, and look for customers. They also distribute business card magnets with their phone number and accept emergency calls from residences - because this community is more comfortable reaching out and getting help from people who speak their own language and know the local culture. (Of course, not all of the crews really work for that... like the time PARescueEMT and myself took one of these residence calls in my short tenure with the one company - we both ONLY speak English).


Anyway... long story short - they operate state-certified BLS ambulances. There is at least one service that operates ALS rigs. Philly says that no one except the City's Fire Rescue is supposed to do emergency prehospital calls... but the city is so busy that no one cares if this population works it out themselves like this, within reason.

I think the big difference between the Philly "Russian Ambulance Companies" and Hatzola is that Hatzola simply dedicates itself to serving a small segment of the population's prehospital EMS needs, while the Philly companies usually do routine transports within and outside the small group, BUT they will do emergent prehosptial runs when asked. Further, the "Russian" companies aren't religion based... yes, there are lots of Jews in the population segment, but their are lots of other religions too.



I don't have any issue with Hatzola functioning to serve a small population segment that would otherwise be underserved. I won't attempt to justify the cases of them failing to render aid when flagged down. I assume they have some sort of mutual aid agreement/M.O.U. in place with the local 911 service(s)... that is an issue that must be handled locally.

Deeply religious Jews have many rules about how and what they wear, how and what they do, and when they do it. And it is all traditions. These have evolved over the years as technology has changed, but they are very limited in what they do.

One way of explaining some of the Jewish cultural mores is that over the years, the religious thinkers have built a wall AROUND the rules, so there is no risk of violating them accidentally.

However... most of the rules go out the window "to protect life".




Going back to the OP's question - you say that the "driver" doesn't provide patient care, and simply drives the ambulance and opens power doors for the crew - but he writes the chart (because writing is creating and work and work isn't allowed, because G-D rested on the 7th day).

What is the rules with the state regarding when a chart must be completed? PA has a 24-hour limit, officially, but that is somewhat flexible. Around here, I'd suggest that the driver would gather patient demographics, then the EMS providers would be responsible to stopping by the station after the day to write the narrative and sign the paperwork.

Again... Going back to the OP's question... if all you are doing is driving... and you have minimal to any patient contact, then you probably have limited to no liability.

If you are documenting the call.... your liability increases. If something goes wrong, the providers and the patient could probably both jam you up... because you didn't have lots of patient contact. I think this is a great question to take to the state OEMS and get their opinion.



OK... this topic is reopened... try to keep it on topic... based on the OP's question.

Jon
 
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BossyCow

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I believe the difference here is that when a private group decides to offer a service to a select clientele, that is very different from a government agency refusing care to a select group. In this case, as with some catholic hospitals, private schools, fraternal organizations, etc, a service is offered to members. I don't see how this in any way impedes the delivery of a munincipal service to its service area.

If a service is offered to a geographic area, through any group, and it does not replace but merely augments services currently available through a civil service, and the citizenry is able to choose between the two, I can't see a constitutional challenge. Currently we can choose to call 911 and get the local agency to transport us to the ER or we can opt to call any of a dozen different private ambulance companies, caregiver services or to have Aunt Mabel drive us in her car.

Many conservative groups are wary of public services and to have a service available to them that understands the restrictions of their lifestyle is something I see as accomodating and helpful, since the alternative in many of these cases would be not calling for help at all until things are much, much worse.

As to the liability, if you sign the report, you are the one to defend it in court should it go there.
 

firecoins

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As to the liability, if you sign the report, you are the one to defend it in court should it go there.

Generally this is true. Here is where a "shabbas driver " differs. The whole point of Hatzolah is that Hasidic Jews provide their own care. The driver is not Jewish. He is hired to do all the work the employers are not allowed to do including writing the report. The hasidic Jews are allowed to provide the care since it is a "mitzvah" to do so. If there is a lawsuit, it is understood the driver did not provide the care since he is not apart of the community. It would be very hard to argue he is responsible for the care that he is not allowed to provide due to the customs of the community. Although I am sure a good attorney might be able to do so.
 

Jon

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Do the providers ALSO sign the report at some point, after sundown Saturday?
 

daedalus

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The EMTs providing care are EMTs first, and members of the Jewish community second (It is however, a wonderful thing that they provide jewish sensitive care. However, in medicine, your responsibility is shifted). They must operate under that standards of care, and, follow all prehospital rules. They must write the report if they are providing care. The driver with no medical responsibility cannot fill out a narrative or assessment information. The driver would incur huge liability, and possibly be breaking the law.

Remember that we set aside religious and personal beliefs to provide impartial and objective care for our patients. We must respect the will and the values of the patient (for example, not giving a blood transfusion to certain religious grouped patients, etc) but must never assume we know whats best for the patient by disregarding their beliefs, or, by failing to ask and withholding certain treatments anyways. We follow the pillars of medicine, and give care to the level and ability we are supposed to. That includes writing the report. If you cannot document as an EMT for whatever reason, you cannot be an EMT.
 

John E

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Hope this comes across...

in the spirit in which it is meant, which is simply what I consider a humorous observation.

Here in Los Angeles there are a few Orthodox synagogues that have come up with I can only describe as an interesting interpretation of their own rules.

It seems that some people believe that traveling beyond the boundaries of I guess the synagogue or perhaps the shul on the sabbath is verboten, in order to facilitate having to do that, these well meaning folks have strung very long pieces of high strength fishing line around neighborhoods, apparently if the area that the people want to travel in is within the borders of the fishing line, it is now ok to do so on the sabbath. What happens when the line breaks, god only knows...

Now I can appreciate that people put their faith in whatever they want and I can see that to some, obeying what they interpret as god's laws is very important to them, but I have to wonder. Do they think that god will think them clever for "getting over" on him/her and the rules?

Likewise with rules regarding working on the sabbath, do the folks who observe/believe in this particular notion think that they're getting away with something if they get a goyim to do their work for them one day per week?

Would a god that laid down all of the various rules and laws about how best to honor and obey him/her really not consider the various loopholes that the faithful have tried to squeeze thru?

I am in no way trying to belittle or denigrate anyone's beliefs, I simply find it very amusing. And before anyone goes crazy, yes, I understand that every form of organised religion has their own set of rules that the faithful feel that they must follow, I'm not picking on the Orthodox Jews of the world.

As for the specific questions raised earlier, how can a person write a report and sign it without having done the work and expect NOT to get named in the lawsuit that will invariably follow? If I don't treat, I don't sign and I'd be shocked to learn that this is allowed by law anywhere, it may be done and it may be overlooked but I bet it ain't technically legal to do so.

John E.
 

medicdan

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Okay, quick response, to the past few comments:
We've heard plenty of speculation and stories about how things have been done-- and specific stories-- I will try to find some definitive evidence of it. As I see it, these anecdotes are purely theoretical, until we can find some evidence. There used to be a great forum related to Hatzolah on the web, but it seems to be down right now. I will ask around and see if I can find some definitive answers....

John-- a quick clarification, and again, I will leave the real explanation to those who can give deeper background. Orthodox Jewish law (Halacha) prohibits work, including carrying or moving items "from one domain to another" on the Sabbath-- that is, it’s okay to carry things around your house, but not around the block (under normal circumstances). Thus, so families can carry house keys, push baby-carriages, etc, they turn their entire community into a domain by stringing a line or wire around it.
For more information about "eruvim" see the link below, it includes a good history:
http://bostoneruv.org/history.htm
I will reiterate, based on my understanding of Hatzolah, on the Sabbath, the members are permitted to perform whatever functions are necessary to save/maintain life. As I understand it from the Hatzolah members I have spoken with many chapters interpret hospital's requests for completed paperwork before leaving the ER as a requirement for the health/safety of the patient, thus requiring crews to complete paperwork before coming back in service.

For those that find it hard to understand the idea of a private community ambulance, compare it to college campus EMS. A small, often volunteer, but professionally trained/equipped/licensed QRS or ambulance service dedicated to a specific community. They have specific knowledge of the community, whether it be building locations and access or even cultural and societal norms. No, they do not denigrate the service zone of whoever normally would cover that area--- they supplement/augment, and keep those trucks available for other calls.
 

JPINFV

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John-- a quick clarification, and again, I will leave the real explanation to those who can give deeper background. Orthodox Jewish law (Halacha) prohibits work, including carrying or moving items "from one domain to another" on the Sabbath-- that is, it’s okay to carry things around your house, but not around the block (under normal circumstances). Thus, so families can carry house keys, push baby-carriages, etc, they turn their entire community into a domain by stringing a line or wire around it.
For more information about "eruvim" see the link below, it includes a good history:
http://bostoneruv.org/history.htm

Why does the entire concept of an Eruvim seem like a cop out (and too be honest, I'm just as harsh on my own religion. [cough Lent and no meat rule, but fish is somehow ok?]. If the entire concept of the sabbath is to be a day of rest, and to achieve such certain rules are put in place, isn't essentially the concept of the eruvim (based on the link provided) playing a game of legal gotcha with God?
 

Meursault

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For those that find it hard to understand the idea of a private community ambulance, compare it to college campus EMS. A small, often volunteer, but professionally trained/equipped/licensed QRS or ambulance service dedicated to a specific community. They have specific knowledge of the community, whether it be building locations and access or even cultural and societal norms. No, they do not denigrate the service zone of whoever normally would cover that area--- they supplement/augment, and keep those trucks available for other calls.

That's a great description.
My college service probably has some crossover with Hatzolah, actually. I know we train a lot of people for MDA before they go over/back, and there's a Hatzolah sticker in the office. Might have to ask around.

And FFS, people, this was as bad as a volly thread. What happened? (rhetorical question)
 

ffemt8978

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That's a great description.
My college service probably has some crossover with Hatzolah, actually. I know we train a lot of people for MDA before they go over/back, and there's a Hatzolah sticker in the office. Might have to ask around.

And FFS, people, this was as bad as a volly thread. What happened? (rhetorical question)

I agree, so can we get back on topic please? If this thread gets closed again, it won't be reopened.
 

firecoins

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Not all Hatzolah unit play by the same rules.

The Shabbas Driver concept is not used universally.

Some Hatzoalh units can drive to an emergency scene, turn on and off electrical equipment, lift patients in and out of the ambulance, drice to the hospital, write the report and drive home.

Others can not write the report or drive home. Once the patient is delivered to the ER, they feel the are not allowed to do anything anymore. They can't write the report and they can't drive home.

Maybe it stupid stuff like this that has driven me atheism.
 

BLSBoy

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This quote is somewhat fitting...
Hokey religions and ancient weapons are no match for a good blaster at your side, kid.

If the Jewish population wants to be served by just other Jews, fine, knock yourself out. No skin off my butt.
They want to try to avoid electronics, fine no skin off my butt.

There is no law, to date, in the good ol US of A that prevents stupidity, no matter how well intentioned it may be.

Some idiot EMT, who wants to make a few extra bucks, is their porter, chauffer, scribe, and general gofer, knock yourself out. When the PCR comes back more jacked up then a soup sandwich, ain't no skin of my butt.

Although they are trying to live like the old country, this ain't the old country.

And yes, I have the same attitude towards Amish. I respect you for trying, but laugh at you for picking something so useless in a technologically advanced society.
 

firecoins

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Alot of things don't take skin off you butt. Should try expand things that keep yoor butt and skin together. :unsure:
 

mikie

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And yes, I have the same attitude towards Amish. I respect you for trying, but

This is not the same as the Amish...at all. Not using electricity as a means of worshiping god on the sabbath is not the same as the "ol'e country' (as you referred to it). Different cultures, different background, different history, so on an so forth.

Carry on ;)
 

lalifeguards

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I can clarify

I can clarify quite a few things in this thread if anyone is still interested. I am very knowledgeable how Hatzolah works, and the rules of Shabbath.
 

firecoins

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THis is a dead thread
 
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