Malpractice Insurance, A must have for EMS?

[Guest]

As a new member of the NAEMT, I took some time yesterday to go through each of their benefit packages with a fine tooth comb. Of all the benefits, the malpractice insurance and life/limb insurance policy were of biggest interest to me. The 10K life/limb insurance policy is a no-brainer and because it’s offered at no extra cost, I have already sent in the paperwork for coverage.

However, the NAEMT in conjunction with HPSO offer a significant discount on professional liability insurance. I went on their website and used their online quick quote feature and found out I was eligible to receive from 1 million to 3 million USD in coverage for about $140 dollars.

It’s rare that I ever hear about a Paramedic or EMT being sued for malpractice, but I am sure it happens and for 140 bucks, it seems worth it. So, to everyone out there, how do you feel about this? Is it worth the 140 a year? Or do you think Good Samaritan legislation sufficient? Any and all help/advice would be most helpful to me (and im sure others out there!).

Edited February 20, 2007 by 66Alpha1

[steve shryock 0]

As a new member of the NAEMT, I took some time yesterday to go through each of their benefit packages with a fine tooth comb. Of all the benefits, the malpractice insurance and life/limb insurance policy were of biggest interest to me. The 10K life/limb insurance policy is a no-brainer and because it’s offered at no extra cost, I have already sent in the paperwork for coverage.

However, the NAEMT in conjunction with HPSO offer a significant discount on professional liability insurance. I went on their website and used their online quick quote feature and found out I was eligible to receive from 1 million to 3 million USD in coverage for about $140 dollars.

It’s rare that I ever hear about a Paramedic or EMT being sued for malpractice, but I am sure it happens and for 140 bucks, it seems worth it. So, to everyone out there, how do you feel about this? Is it worth the 140 a year? Or do you think Good Samaritan legislation sufficient? Any and all help/advice would be most helpful to me (and im sure others out there!).

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Good samaratin laws apply to the general public, not to a person who is responding to assist in their professional capacity (EMS/1st responder). Malpractice suits occur quite often against EMTs and Paramedics. Most cases also involve litigation against the hospital and ER staff as well. YOur agency SHOULD have this in addition to general liability & auto liability insurance. There are very few programs out there that offer this type of coverage so read the fine print to see what is covered and when. If you only respond to your calls with your agency then you should be covered under them as their employee (Paid or Volunteer does not matter).

[Guest partyrock]

I have seen malpractice insurance become increasingly popular over the last few years, but I have yet to see a need for it. The one case I can think of was an EMT acting outside his level of certification. It was a couple of years ago and I don't even know the end result. Good semaritan has help up well enough for me to trust it.

[Guest]

Steve FYI, we are covered under NYS GSL per Article 30 of the Public Health Law

New York Good Samaritan Act

NYS Public Health Law, Article 30 - Emergency Medical Services ;3000-a.

Immunity from liability.

1. Notwithstanding any inconsistent provision of any general, special or local law, a voluntary ambulance service or voluntary advanced life support first response service described in section three thousand one of this article and any member thereof who is a certified first responder, an emergency medical technician, an advanced emergency medical technician or a person acting under the direction of an emergency medical technician or advanced emergency medical technician and who voluntarily and without the expectation of monetary compensation renders medical assistance in an emergency to a person who is unconscious, ill or injured shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such medical assistance in an emergency unless it is established that such injuries were or such death was caused by gross negligence on the part of such certified first responder, emergency medical technician or advanced emergency medical technician or person acting under the direction of an emergency medical technician or advanced emergency medical technician.

2. Nothing in this section shall be deemed to relieve any such voluntary ambulance service or voluntary advanced life support first response service from liability for damages or injuries or death caused by an act or omission on the part of any person other than a certified first responder, an emergency medical technician, advanced emergency medical technician or person acting under the direction of an emergency medical technician or advanced emergency medical technician acting in behalf of the voluntary ambulance service or voluntary advanced life support first response service.

3. Nothing in this section shall be deemed to relieve or alter the liability of any such voluntary ambulance service or members for damages or injuries or death arising out of the operation of motor vehicles.

4. A certified first responder, emergency medical technician or advanced emergency medical technician, whether or not he or she is acting on behalf of an ambulance service or advanced life support first response service, who voluntarily and without the expectation of monetary compensation renders medical assistance in an emergency to a person who is unconscious, ill or injured shall not be liable for damages alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such medical assistance in an emergency unless it is established that such injuries were or such death was caused by gross negligence on the part of such certified first responder, emergency medical technician or advanced emergency medical technician.

Edited February 20, 2007 by 66Alpha1

[helicopper 1,050]

Steve FYI, we are covered under NYS GSL per Article 30 of the Public Health Law

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Wish it were that simple. If this 'blanket protection' was adequate, why do agencies continue to carry malpractice and associated insurance policies?

I was always under the impression that Good Sam laws didn't apply to professional contact - that is responding with an ambulance/EMS agency. The legalese you quoted does nothing to reduce my confusion or improve my understanding of the section.

If you are really concerned about it, consult your agency's legal counsel (or find your own if the agency goes "huh, who?" when you ask ) for an accurate interpretation.

The other side to all this is that even if Section 3000-a of the PHL applies, it may only be a defense that you have to raise during legal proceedings. Translation: you're still going to have to go to court, pay lawyers, legal fees, etc. and have to argue that the section applies to you. Not an enviable position!

As great as this forum is, I wouldn't count on it as solid legal advice! No offense!

[Guest]

Thanks for the input. Already put a call into my Lawyer's office about this issue. While i too find it difficult to read the GSL (in fact it gave me a headache!) it seems - given the way im reading it - that CFRs, EMTs and AEMTs are covered. Now, if monetary gain includes billing a patient's insurance...there could be an issue. As far as agencies are concerned, i really don’t know what mine has taken out, i would have to ask. But none the less, is it worth it to have that extra layer of protection?

Update: Im waiting on a call back from the NYS DOH for clarification.

Edited February 20, 2007 by 66Alpha1

[Guest]

66Alpha...

You know me. I am the guy you worked with when you were in L on Crew 1. In my 30 years of EMS, I know of no EMS responder who has been individually sued. We just don't have enough money to interest lawyers. Our agencies have money, and that's who they'll go after. Besides, I know you and I don't see you doing anything so awful that you'll need to worry. Save the $140 bucks. Use it to buy condoms.

[nycemt728 49]

66alpha, this isurance probably serves another purpose, for times when EMT's and other medical professionals work side jobs and other gigs not attatched to an organizatinon. The best example of this is an emt who works as medical coverage at sporting events etc...

[Guest alsfirefighter]

This is another prime example of grey areas in regard to EMS in NYS. I've heard the gambit when it comes to the GSL in regard to whether you are a volunteer or career ems provider. This is right up there with the "if you have your lights on, you have to have your siren on" clan. I better stop there before I rant.

I do not have any, other then what my municipality has. Considering I do not plan on doing something incredibly stupid nor out of the scope of practice over the next 13 years, I don't plan on needing any either.

[helicopper 1,050]

This is another prime example of grey areas in regard to EMS in NYS.  I've heard the gambit when it comes to the GSL in regard to whether you are a volunteer or career ems provider. This is right up there with the "if you have your lights on, you have to have your siren on" clan.  I better stop there before I rant.

I do not have any, other then what my municipality has.  Considering I do not plan on doing something incredibly stupid nor out of the scope of practice over the next 13 years, I don't plan on needing any either.

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Staying in EMS for another 13 years doesn't qualify as incredibly stupid??? Sorry, couldn't resist!!!

[Guest]

I should have kept my mouth shut hahaha

[steve shryock 0]

Chris; No offense taken.

I was just adding my 2 cents as an insurance professional

I handled ambulance malpractice claims for a few years while working for an independant adjustment firm. THey were rare but only on the commercial sector. The agencies that are part of a municipality (Hastings FD & Elmsfords FD as examples) MAY be immune from professional liability (malpractice) because they are a government entity.

There is a great lawfirm run by a paramedic, the Krafsur Law Firm, out of Chicago, run by Jay Krafsur. He has years of paramedic experience in Colorodo and consults may agencies and was my consultant on a few cases (yes the insurance carrier did have to pay for his time).

I can only talk about the insurance aspect of this topic but any legal advise should be sought from your agencies legal counsel.

[Guest alsfirefighter]

Depends on how you look at it brother....lol. Don't forget I'm in a decent system and well you know the ands.....