How Are EMSA Investigations Triggered? What Type of Complaints Are Investigated?
How Are EMSA Investigations Triggered? What Type of Complaints Are Investigated?
As one of our members said, “The California Emergency Medical Services Authority’s ( EMSA’s) mission is to protect the public. In theory this is both necessary and noble. But in practice and for an agency understaffed and with limited resources, what results is harsh, uncompromising prosecution of good EMTs and Paramedics.”
This prosecution of good EMTs and Paramedics can be triggered by a complaint and that complaint can be anonymous. Even if the complainant discloses their information and identity to the EMS Authority, the EMS Authority rarely will disclose that information to the accused EMTs or Paramedics. If you’re thinking that this could be a recipe for disaster, you’re right.
It is imperative that EMTs and Paramedics are aware of this: ANYONE CAN MAKE AN ANONYMOUS COMPLAINT ABOUT YOU TO THE EMS Authority.
Here are some examples:
- We represented a medic who had a complaint brought against her by an emotional family member of a patient, who didn’t feel that the EMT was paying enough attention to their ill mother.
- We were in a year-long battle with the EMS Authority over an accusation from an ex-wife, who had claimed that her ex-husband-to-be was a drug addict and was diverting drugs. This seemed pretty cut and dry to us… his charts were right on… but it took us a year to prove it to the EMSA.
- We’ve represented a Paramedic whose previous attorney had botched a simple “disturbing the peace” misdemeanor. The medic was cleared of the misdemeanor, but because he pled out, the EMSA went after his license. Had our Member consulted with an attorney that specialized in EMT and Paramedic license defense that never would’ve happened and he would have saved thousands in legal fees.
- The majority of complaints that we defend are for “Gross Negligence” and are reported by co-workers, like Charge Nurses, Doctors, or Physicians Assistants. It is a sad commentary on human nature, but most people will throw someone under the buss to cover up a mistake they made.
It is the EMSA’s duty to investigate every complaint that is made. Believe me, the Department of Consumer Affairs was in hot water a year ago for not investigating complaints and prosecuting professional licensees- so they’ve now gone the other direction and are investigating and prosecuting even the most frivolous and arbitrary of issues. They’ve also figured out that they can make some money by requiring restitution for investigating complaints. .. but that is a whole other blog piece.
If you are a California EMT, Paramedic or professionally license firefighter and your professional license is under investigation, you’ve been notified that there is a complaint against your EMS license, or the EMS Authority has filed an accusation against your EMT or Paramedic license, contact the license defense attorneys of EMS Guardian right away. We can help defend your license and save your EMS career.
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