FIREFIGHTER AND PARAMEDIC "DUTY TO ACT"

Firefighter and Paramedic "duty to act"



Firefighter and Paramedic "duty to act"

Introduction

The traditional law in the US is that absent a "legal duty" to act, no one has a duty to come to the aid of another. A blind person could be walking toward an open manhole and a bystander has no legal obligation to warn or stop him/her.

Legal duties arise primarily due to relationships (parent to child, teacher to student, ship captain to passenger), and by law (such as laws that require the driver of a car to render aid to anyone who is injured in an accident involving the car) (Fauci 2008). On duty firefighters, EMTs, and paramedics have a legal duty to respond to alarms and render aid.

Discussion

Legal Responsibilities of Fire Departments in the United States

On March 17, 2009, a 44-year-old male Fire Fighter lost consciousness while he was opening walls to check for fire spread at the scene of a fire in an apartment building. Despite CPR and ALS administered by first responders and a paramedic of his Engine Company, ambulance paramedics, and emergency department personnel, the victim died(Willich 2003). NIOSH was notified of this fatality on March 18, 2009, by the United States Fire Administration. On March 23, 2009, NIOSH contacted the affected Fire Department to initiate the investigation. On June 21, 2009, a Safety and Occupational Health Specialist and an Epidemiologist from the NIOSH Fire Fighter Fatality Investigation Team travelled to Connecticut to conduct an on-site investigation of the incident(Lemon 2007). During the investigation NIOSH personnel met with and interviewed the

• Deputy Fire Chief

• Training Officer

• Local President of the International Association of Fire Fighters (IAFF)

• Crew members involved in this incident

• Victim's wife

• Director of the Employee Assistance Program

Description of the Fire Department

At the time of the NIOSH investigation, the fire department was comprised of 373 uniformed personnel and served a population of 135,000 residents in a geographic area of 17 square miles. Fire Fighters work the following tour of duty in eight fire stations: Days 1-3, 0800-1800; Days 4-6, off duty; Days 7-9, 1800-0800; and off duty for 3 days. There are four work groups. Each shift of an engine and ladder company is staffed with an officer and three fire fighters(Manning 2003). The victim was scheduled off duty on the day of the incident. He spent the morning at home relaxing and watching television with his spouse. Throughout the day, the victim did not report or show any signs of discomfort, pain, or distress. He was called for overtime and began his shift at 1600 hours. The incident described, which began at 1625 hours, was the victim's first emergency response during his shift(Barnard 2005).

In the United States, coronary artery disease (atherosclerosis) is the most common risk factor for cardiac arrest and sudden cardiac death.1 Risk factors for its development include increasing age, male gender, family history of coronary artery disease, smoking, high blood pressure, high blood cholesterol, obesity, physical inactivity, and ...