Thoughts on Baltimore provider arrested for assault on patient

[DT4EMS]

Mental Preparation is as important as any physical skill you may possess. EVE trains 4 specific areas (hence the 4 in our name) Mental, Street, Media and Courtroom. I am not stating the provider here is guilty of criminal activity. I am using this as a training tool. Here are some things to think about regarding this case:

1) If you are claiming self-defense, you have to use skills that appear DEFENSIVE (which helps in the media and courtroom arenas)

2) At what point do you think “enough!” and back off- and let law enforcement restrain, then you move back in and treat?

3) Everyone has a button. Including seasoned EMS providers. Dirtbags practice on how to push them on cops. They use the same tactics on you.

4) Is Pain compliance (Slap) and grabbing someone by the neck (throat grabs may be viewed as lethal force) a recognized, acceptable form of “patient restraint”?

5) At what point does this person go from being a “patient” and become and attacker?
A few moments of mental practice can help you stay employed and out of jail. This is not the first provider arrested for assaulting a patient. Another was sentenced to a 12 year prison term.

I have said it a thousand times..... our situation is UNIQUE. What you think of as normal does not apply to us in the field of EMS. We are held to a different standard...... right or wrong.....that's the way it is in the court of public opinion.

Read what an attorney has blogged about the case below.
http://www.rockvillemdcriminaldefen...dly-assaulted-by-paramedic-in-baltimore.shtml

 

[Veneficus]

Whether provoked or actually defending himself, can't tell with the info provided here honestly, I think the rope, torches, and pitchforks will come out and this guy is going to be in big trouble.

 

[DT4EMS]

Whether provoked or actually defending himself, can't tell with the info provided here honestly, I think the rope, torches, and pitchforks will come out and this guy is going to be in big trouble.

You are 100% correct. I emailed the attorney who wrote the blog. I am hoping to get some insight and maybe shed some light on the issue as a whole.

 

[mycrofft]

The CBS report cited by the blog says the tech's PARTNER instigated the complaint.

 

[Veneficus]

I am not a lawyer, union steward, and I didn't stay at a holiday inn express last night...

But, if I had to place a bet, I would say this guy will be lucky not to go to jail. His job is probably already sacrificed.

I think (and I have nowhere near your knowledge on the subject) that if this was strictly an internal employment matter, the union could argue that the employer did not provide proper training, procedures, and equipment to a reasonably forseeable occupational hazard. (citing your stuff and potentially asking you to testify)

But now that it is a criminal case, The only way that I can even imagine the guy saving his job after being turned in by his partner and immediate notification of LE authorities by the B-Chief, would be a "not guilty" verdict and then arguing the above.

Given the make up of the average jury, I would definately opt for the judge to decide, but it would be a tough sell.

Aother option would be to plead "no contest" to a judge and cite the argument of not being properly trained, but I think that would fall flat, because trained or not, you are simply not permitted in society outside of LE, to assault and batter people.

Even with the limited info given, the use of potentially deadly force in the form of a singlehanded choke, is going to be a really hard thing to overlook and I doubt he could show need for it.

Because of the physiological differences of an attempt to crush the trachea vs. inducing unconsciousness by shutting off blood to the brain, I could see a valid argument for certan choke techniques as a compliance hold, but I certainly would not want to bet my freedom or career on that.

 

[DT4EMS]

As always you have brilliant insight.

Let me point out a couple of things though...... it has been proven without use of force training, people will respond with primal motions. In other words...... like a caveman. This comes from decades of research (not mine) in the law enforcement arena. Mainly because their use of force is so scrutinized.

A huge factor being the partner brought it to light..... means the partner witnessed something he/she didn't approve of.

In nearly every law enforcement Use of Force Continuum, anything around the neck can be viewed as lethal force. Many states removed the use of vascular restraints (blood choke/sleeper holds) from their officers.

An open handed choke (AKA Rape Choke) is usually used as a form of aggression. Nowhere is it "acceptable" as a restraint technique that I am aware of.

I would love to argue the CULTURE fact with the jury. I bet I could show that there is a "culture" of tough guy mentality around there. Agencies have been held liable for turning a blind eye to a culture they know to exist. Again, this comes from police style training I have attended over the years.

Regardless..... I want to be a fly on the wall. If I had my way..... the agency would be held accountable as well....... why?

Because I bet they never told him he couldn't. Now before you get your 5-11's all wadded up...... Here is the deal.........like it or not, violence in EMS is an issue. I have screamed it from the rooftops for nearly 2 decades. Training can teach what NOT to do that is sometimes just as important what TO DO.

We cover these very types of scenarios and have for years. So if an agency pays big bucks...... all in EMS will benefit. It will cause change. A change in the way people are trained the moment they enter the profession.

 

[DT4EMS]

RAPE CHOKE

Rear Naked (AKA Vascular Neck Restraint, Blood Choke)

 

[DrParasite]

This should have been an internal matter. in fact, it wasn't even the patient who complained, but rather the patient's partner. And not only that, the complaint was filed with law enforcement, investigated, and only THEN was the paramedic's employer notified and he was suspended. I can see if the partner filed an internal complaint and it went nowhere to go to the police, but it sounds fish in how it was handled

Where was law enforcement? it's Baltimore, I'm guessing they don't have LEO on all calls, but for an combative drunk?

But, if I had to place a bet, I would say this guy will be lucky not to go to jail. His job is probably already sacrificed.

even if his job isn't sacrificed, his career is over. even if he's found not guilty, he can still be disciplined departmentally, and he will always be known as the guy who the media said attacked the patient.

But now that it is a criminal case, The only way that I can even imagine the guy saving his job after being turned in by his partner and immediate notification of LE authorities by the B-Chief, would be a "not guilty" verdict and then arguing the above.

Given the make up of the average jury, I would definately opt for the judge to decide, but it would be a tough sell.

as I said before, his job may be salvageable, but his career is done.

Aother option would be to plead "no contest" to a judge and cite the argument of not being properly trained, but I think that would fall flat, because trained or not, you are simply not permitted in society outside of LE, to assault and batter people.

I would think self defense might be a better choice, but i don't have all the details