Standard of Care Podcast

Standard of Care Podcast

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If I Die Before I Wake

/ 49:10/S4:E5 Download MP3
What happens when a determination of death GOES WRONG?
In this episode of the Standard of Care Podcast, hosts Samantha Johnson and Nick Adams break down a real and heartbreaking case where EMS medics declared a 14-year-old patient deceased—only for him to be resuscitated at the hospital nearly an hour later. The fallout? A legal battle that made its way to the Supreme Court, and a patient left with devastating consequences.

With legal nuance and clinical insight, Samantha and Nick walk through the case from street to courtroom. They explore the intersection of qualified immunity, the complexities of assessing patients with conditions like cerebral palsy, and the chilling legal and ethical risks that come with the determination of death in the field. This episode will change the way you view determination of death—and might just save your career someday.

Listen now on your favorite podcast platform or directly at https://flightbridgeed.com/standard-of-care/. While you’re there, explore our award-winning and nationally recognized courses that are helping thousands of providers stay sharp, safe, and legally sound.

Key Takeaways
  • Don’t shortcut your assessment. "Cold to the touch" and single-lead asystole aren’t enough—especially in patients with neurological conditions that can present atypically.
  • Qualified immunity protects government providers—until it doesn’t. It's not a license to cut corners.
  • Thorough documentation and a second-by-second account of your decision-making process can be your legal lifeline.
  • Cross-agency coordination and quality assurance are essential. What one crew misses, another might catch—but how that’s handled matters.
  • EMT and paramedic education rarely prepares you for the weight of calling a death. Clinical training must evolve to meet that responsibility.
  • When in doubt, initiate resuscitation. Let the ER be the place of final determination—not the living room.

References

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Creators and Guests

person
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.
person
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).
If I Die Before I Wake

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