jaf

They were on duty, in their jurisdiction. Also, FDNY policies and procedures require all members to render whatever assistance they can when on duty and stipulate that communications personnel maintain certifications and must be prepared to respond at all times. There is no way they can say they didn't have a duty to act. Simple airway management and CPR doesn't require any equipment. If nothing else, they could have remained on the scene to assist the responding units. Somebody brought scene safety? They were in the Au Bon Pain in their own headquarters building not Afghanistan. The key to proving negligence is that they failed to act as anyone else with their level of training would. Judging from the response from other members of the EMS community I would say that they are screwed on that one. The fact that they continued to buy their bagels and walk off with them would probably make the negligence gross and possiby criminal. At the least I would expect them to be charged with official misconduct. Looking at how this story is going, if they are charged, they should cop a plea or ask for a judicial trial. They don't want a jury.

To stand there in uniform and complete your bagel order while someone in the same shop is need of assistance shows either stupidity almost beyond belief. Even if they had nothing and knew nothing they should have had the sense to at least attempt to help. If they had they would be cited as heroes now instead of literally being villified around the whole world. Stupid, stupid, stupid, stupid. There is nothing else to say.