Review Note

Define and describe the elements of negligence in paramedicine.

Negligence occurs when a series of events happens:

1. The paramedic—or, in some cases, the EMS system—had a legal duty to the patient (duty to act). For example, a paramedic hired to serve a community has a legal duty to the citizens of that community.

2. A breach of duty occurred; that is, the person accused of negligence failed to act as another person with similar training would have acted under the same or similar circumstances. Breach of duty may involve doing less than the person was trained to do (an error of omission; ie, a paramedic who fails to splint an injured extremity) or doing more than the person was trained to do (an error of commission; ie, a paramedic who sutures a laceration when doing so is not within the scope of practice).

 3. The failure to act appropriately was the proximate cause (the first event in a chain of events) of the plaintiff’s injury.

4. Harm resulted.