Do EMTs Have a Duty to Act?

It can be reasonable to expect a licensed emergency medical technician (EMT) to spring into action as a witness to a serious accident, injury, or emergency. After all, that is an EMT’s job. When off the clock, however, it might not be clear whether an EMT still has the duty to assist accident victims. In general, if an EMT fails to help, he or she could be guilty of an ethical violation. Whether inaction by an emergency medical technician is against the law or makes the EMT liable for damages depends on the state and the case.

The EMT Code of Ethics

Under the EMT Code of Ethics, emergency medical technicians and emergency medical technician-paramedics have an obligation to society to conserve life and alleviate suffering. They must do this without any restrictions based on color, status, race or nationality. EMTs also have a duty not to delegate an emergency medical service to anyone less qualified if that service reasonably requires the professional care of an EMT. An EMT present at the scene of an emergency, therefore, could not ethically sit back and allow someone less qualified to attempt to aid the injured person – even if the EMT is off duty.

What If an EMT Does Not Act?

Failing to act in an emergency as an off-duty EMT could qualify as a civil tort, or wrongdoing, if the inaction contributes to an injury, illness or death. An injured party may be able to base a claim on a violation of the EMT Code of Ethics, as well as on what a reasonable and prudent EMT likely would have done in the same circumstances. If another emergency medical technician would have provided assistance and prevented the damages in question, the EMT in the case might owe the victim compensation for behaving negligently.

Texas does not, however, have a specific law requiring EMTs to act. Most states do not. Those that do legally enforce duties to act have relatively new statutes. Vermont, for example, recently passed a law requiring others to give reasonable assistance to someone exposed to grave physical harm, to the extent that the person can do so without danger or peril to himself or herself and without interfering with important duties by others. No such legislation exists in Texas. Instead, the state addresses the alleged duty to act on a case-by-case basis.

Does Texas’ Good Samaritan Law Apply to EMTs?

It is important to note that off-duty EMTs and other licensed medical professionals are not eligible for protection from civil liability under Texas’ Good Samaritan Act. This act states that a person without a license or certification in the healing arts who renders emergency care in good faith will not be liable in civil damages for any act performed. This act applies to all nonmedical professionals who render aid in good faith who do not do so for pay or remuneration. It does not apply to medical personnel, even when they are off-duty.

If an off-duty EMT administers aid in good faith in an emergency, the Good Samaritan Act will not prevent an injured person from bringing a civil claim against him or her for unintentional damages, including exacerbating the victim’s injuries. The understanding on a professional and ethical level is that the EMT should know how to take reasonable care in providing emergency services based on his or her professional license and certifications. Worsening a victim’s injuries while helping, when doing so was reasonably preventable, could lead to the off-duty EMT’s liability for the victim’s damages.

Personal injury cases involving an EMT’s duty to act can be complicated in Texas. They may relate to the EMT Code of Ethics, Texas’ Good Samaritan Act, and other laws and duties. Hire a lawyer if you need assistance with an injury claim based on an emergency medical technician who responded or negligently failed to respond to your emergency. You might have a case against the professional and/or a health care facility.