To work as a paramedic or emergency medical technician, you must put in much time, effort, and money. You must undergo intensive training to acquire the right skills, knowledge, and hands-on training to serve your patients effectively. You must also be physically fit, mentally alert, and emotionally ready to serve people in need of emergency medical care. You must also meet other requirements and abide by set regulations to be certified by the Emergency Medical Service Authority. However, that does not guarantee that your job will be easy and without challenges because you must continually defend your license to continue serving patients.
Besides issuing certificates to qualified paramedics and EMTs, the Emergency Medical Services Authority monitors them to ensure the public receives quality, safe, and timely services. A complaint from the public can ruin your career and take away your livelihood. However, our skilled license defense attorneys at San Diego License Attorney can help. We offer advice and guidance through the complex legal process. We will also fight alongside you for the career that has taken so much effort to build.
What Do Paramedics and Emergency Medical Technicians Do?
When a medical emergency occurs, it could be difficult for a patient to reach the hospital in time to save the situation or their life. This is why paramedics and emergency medical technicians are necessary. They respond to emergencies, administer first aid, and offer medical care before the patient reaches a hospital or emergency room. Typically, they are first responders in accidents or situations requiring urgent medical care. This is what makes your services invaluable as a paramedic or EMT.
Sadly, people do not always appreciate your effort or dedication. Sometimes, your employer, patients, or colleagues take you for granted; other times, you are reported for negligence, incompetence, or professional misconduct. These allegations put your career and livelihood at risk. Some disgruntled patients even file a lawsuit against a paramedic or EMT. This can result in a revoked license and a damaged reputation, making it impossible for you to work again in the medical field.
However, your crucial role as a paramedic, or EMT, does not mean you are perfect. You could make a genuine mistake through action or inaction. A significant mistake can cause the death or grave injury of a patient or someone else. The Emergency Medical Services Authority (EMSA) will take action against you as punishment and a warning against similar conduct in the future. A mistake does not disqualify you from working as a first responder, though. For example, your licensing board can revoke your license, rendering you jobless and unqualified to offer paramedic or EMT services in the future. But you can defend your career and license for a more favorable outcome.
Paramedics and emergency medical technicians must adhere to a particular code of ethics when serving their patients. For example, they must adhere to set regulations when administering treatment or drugs to patients and make sound decisions, even in the most challenging moments. The legal and ethical standards that govern you are of a high standard. You are required to quickly access chaotic situations, take charge, and make the right decision for the well-being and safety of other people. If you make a simple mistake or any of your patients or family members are unsatisfied, they can file a complaint against you with the EMSA.
Although your licensing board receives many complaints from the public regarding paramedics and EMTs, it does not act on all of them. It dismisses some allegations for lack of concrete evidence and investigates those that seem credible or substantial. Since it is difficult to tell the outcome of an allegation, you must prepare to fight it to save your career. Remember that even if EMSA licenses you and ensures you work in a safe environment, its primary mandate is public safety. Thus, it will not hesitate to take severe action against you for negligence, professional misconduct, or incompetence.
It is safe to contact a skilled license attorney immediately after your licensing board notifies you of an allegation brought against you. Let your attorney handle the matter, however minor the allegation seems. Even though some allegations do not result in a revoked license, they can damage your prestige and make it difficult for you to find a job. An attorney will fight for the best outcome with your best interests in mind.
How to Handle Professional Discipline and EMSA Investigation
Allegations of professional misconduct are common with EMTs and paramedics in California. Despite the risk these professionals take when responding to medical emergencies, mistakes threaten their licenses. You will likely be penalized for making a mistake while responding to a medical emergency. The kind of penalty EMSA gives depends on the nature and gravity of the error. EMTs and paramedics are also subject to FBI and DOJ criminal backgrounds. A criminal arrest and conviction can trigger an investigation and penalty by your licensing board.
If you are accused of gross negligence, you deviate from the acceptable standard of service and put a patient at risk of harm. The board will consider how a reasonable person would have acted in a similar situation to determine the gravity of your actions or inactions. If you are accused of incompetence, you lack the right skills, physical abilities, and knowledge to perform your duty as an EMT or paramedic. Your failure to show competence could be because you do not have the right educational background. These are the two most common allegations filed against EMTs and paramedics.
When EMSA receives a complaint against an EMT or paramedic, it appoints a team of administrative judges to investigate, prosecute, and rule over the matter. The judges have a particular timeline within which they must conclude their investigation. Sometimes, administrative judges do not conduct a thorough investigation, which leaves them with insufficient evidence to make a ruling. Other times, they lack the expertise to investigate and prosecute some cases. Also, remember that their primary mandate is public safety and satisfaction. These could result in a biased resolution and an unfair penalty.
Once EMSA decides to pursue a particular allegation, it will notify you of a pending investigation. The board could decide to suspend your EMT or paramedic license pending the determination of your case. It is safe to contact a license attorney at that moment. Your attorney will consider the details of your case to advise you on your options and develop the best fighting strategies. They will also defend your license from suspension to ensure you continue earning a living.
After the investigation, you could be required to appear before the judges to review evidence and determine the outcome of your case. An attorney will also help you in this hearing to ensure your best interests are served. They will also protect your rights and present evidence to trigger a fair outcome. You could prepare evidence, interview eyewitnesses, and present mitigating factors to compel the judges to favor you.
Different Disciplinary Actions Used by EMSA
EMSA takes disciplinary action against paramedics and EMTs found guilty of incompetence, negligence, or professional misconduct after an investigation. The kind of action the board takes depends on the gravity of the allegations, whether a patient or someone else was injured through your actions or your record of performance. The board uses administrative judges to gather evidence and decide on the best course of action after receiving a complaint against you. Your attorney can undermine the evidence against you to compel the board to dismiss the allegation or offer a fair settlement. Here are possible courses of action EMSA can take after an administrative hearing:
A Public Citation or Reprimand
EMSA uses public citations to call out paramedics and EMTs accused of professional misconduct. The citation shows that your licensing board is aware of your misconduct and requires you to pay a fine within a given period. Since citations are usually issued publicly, they can damage your name and relationship with your employer and patients.
Your attorney can fight the citation to protect your reputation. They can also challenge the fine to compel the board to dismiss, reduce, or push for an extended payment period.
Citations are usually for lenient allegations, whereby your actions or inactions hurt no one.
Alternatively, EMSA can send out a letter of reprimand to warn you against professional misconduct. The reprimand is also issued publicly on the board’s website, where your employer, patients, and other crucial people in your life can see it. This can also damage your standing and your job.
License Probation
The board can send you on probation to gauge your performance. Probation gives you a second chance at work. You can continue discharging your duties but must abide by strict conditions to avoid making similar or additional mistakes. A violation of your probation conditions can result in license suspension or revocation.
Your attorney can also help in this situation. They can negotiate for favorable probation, whereby you can freely discharge your services with minimal worry. They can also negotiate a favorable probation period so you can regain your freedom sooner rather than later. Your attorney will also ensure you understand your probation requirements. They will work closely with you to ensure you avoid mistakes that could result in a heftier penalty.
License Suspension
A suspended license means that you will not work for a specified period until you meet specific requirements set by EMSA. While this could be a reasonable resolution compared to revocation, you will not earn a living during that period. Also, some EMTs lose their jobs immediately after EMSA suspends their license. The suspension also goes into your record, affecting your ability to find another job after your license is reinstated.
Your attorney can help you in many ways if EMSA suspends your license. For example, they can present mitigating factors to fight the suspension. They could demonstrate your excellent track record of performance to compel the board to reconsider its decision. Your attorney can also push for a reasonable suspension period and fair conditions. This will make it easy for you to reinstate your license and find a job afterward.
License Revocation
EMSA can revoke your license in cases of gross negligence or any other professional misconduct that results in suffering or harm. For example, if a patient loses their life or suffers a significant bodily injury due to your negligent acts, the board can revoke your license. You will no longer work as a paramedic or EMT when that happens.
License revocation is the harshest form of punishment by EMSA. Although rare, many EMTS lost their livelihoods after revoked licenses. Revocation takes away the career you have worked hard to build for years. It also takes away your livelihood, causing you to seek alternative ways to earn a living.
However, an aggressive attorney can fight license revocation to compel the board to choose a more lenient penalty, like suspension or probation. They could also present compelling evidence or statements to cause the board to reconsider its decision.
A license attorney walks the difficult journey with you, from the beginning of the investigation to the end after the resolution of your case. They explain your options and the legal processes to prepare you for all the possibilities. Your attorney will also appeal the case if the ruling is unfair.
Find a Competent Professional License Attorney Near Me
Working as an EMT or paramedic is highly rewarding if you save lives and prevent medical situations from worsening. However, you are always worried about losing your license and a career that has cost you time and money to build. A simple mistake or allegation can ruin your life and livelihood. Engaging a skilled license attorney gives you hope of a favorable outcome.
We know the difficulties you have overcome to build your career and reputation as an EMT or paramedic in San Diego. We will work closely with you at San Diego License Attorney to fight for a fair resolution of your case. With compelling evidence and mitigating factors, we can compel EMSA to drop your charges or offer a fair settlement. Call us at 858-665-2455 to discuss your case and our services further.
