Back to School: Crimes vs. Torts
Download MP3It’s back-to-school time for the kids and for paramedics and EMTs, too! Nick is planning to renew his certification. But we know there will be a set of medical-legal questions on the National Registry exam, and he will be sure he’s prepared. In this series, Nick and Samantha dive deeper into the medical-legal concepts commonly tested on the National Registry and help our listeners prepare to take on these questions. Please like and subscribe! You can get this and other podcasts anywhere you get your podcasts or from the FlightBridgeED website at https://flightbridgeed.com/standard-of-care/
Key Takeaways
• Understand the Difference: Criminal actions are prosecuted by the state and aim to punish and deter, while torts are civil cases seeking compensation for wrongs.
• Evidentiary Standards Matter: The burden of proof is much higher in criminal cases (beyond a reasonable doubt) compared to civil cases (preponderance of the evidence).
• Negligence Requires Four Elements: To prove negligence, you must demonstrate duty, breach, causation, and damages. All four must be present for a successful claim.
• Know Your Legal Responsibilities: As an EMS provider, it’s crucial to act with due regard for public safety, especially in high-stakes situations like driving with lights and sirens.
• Be Prepared for Legal Complexity: Cases can involve both criminal and civil aspects, and understanding how these interact is vital for protecting yourself and your practice.
Key Takeaways
• Understand the Difference: Criminal actions are prosecuted by the state and aim to punish and deter, while torts are civil cases seeking compensation for wrongs.
• Evidentiary Standards Matter: The burden of proof is much higher in criminal cases (beyond a reasonable doubt) compared to civil cases (preponderance of the evidence).
• Negligence Requires Four Elements: To prove negligence, you must demonstrate duty, breach, causation, and damages. All four must be present for a successful claim.
• Know Your Legal Responsibilities: As an EMS provider, it’s crucial to act with due regard for public safety, especially in high-stakes situations like driving with lights and sirens.
• Be Prepared for Legal Complexity: Cases can involve both criminal and civil aspects, and understanding how these interact is vital for protecting yourself and your practice.
Creators and Guests
Host
Nick Adams
Experienced Fire and EMS Captain with a demonstrated history of working in the public safety industry. Skilled in Crisis Management, Government, Law Enforcement, Emergency Management, and Fire Management. Strong healthcare services professional with a B.S. focused in Emergency Management/Homeland Security and a Masters in Public Administration from Jacksonville State University.
Host
Samantha Johnson
Senior Associate General Counsel at Grady Health System, a major public academic healthcare system in the U.S. My role involves advising on legal aspects of patient care, ethics, HR, compliance, and regulatory issues. I conduct training, draft and review legal documents, and represent the Health System in various legal proceedings, including guardianship cases in Fulton County Probate Court. I also focus significantly on Grady Health System’s EMS division, providing legal advice and hosting “The Standard of Care” Podcast on EMS legal issues. I chair the In-House Counsel Association of the Georgia Hospital Association and am a member of the State Bars of Georgia and South Carolina. I hold an MBA and MHA from Georgia State University’s J. Mack Robinson College of Business (2014).
