Ep49. NAEMT Radio - Criminalizing Clinical Judgment: EMS Legal Risks and the Just Culture Response with Doug Wolfberg

“This statement was really meant to give prosecutors and judges serious food for thought on whether it’s appropriate to bring criminal charges in cases where standards of care are the issue.” Doug Wolfberg

In this compelling edition of NAEMT Radio, host Rob Lawrence is joined by nationally renowned EMS attorney Doug Wolfberg of Page, Wolfberg & Wirth to discuss one of the most pressing and controversial issues in EMS today — the criminalization of medical error.

Prompted by recent high-profile cases where EMS clinicians have faced charges ranging from negligent homicide to murder for clinical decisions made in the field, Rob and Doug take a deep dive into the joint position statement on criminal liability for deviations from EMS clinical standards. Drafted by Doug and his team, and endorsed by leading national EMS organizations, the statement provides guiding principles for prosecutors and judges, and advocates for a clearer distinction between human error and intentional misconduct.

Together, they explore the legal, ethical, and operational implications of this trend, and the chilling effect it may have on reporting errors, clinician retention, and fostering a culture of safety. With rich insights into what EMS leaders, field providers, and policymakers can do to protect both patients and professionals, this episode offers critical guidance on maintaining a just culture — where errors are learned from, not punished. Tune in for practical advice, poignant real-world examples, and a discussion that could shape the legal future of EMS care in America.

Resources Discussed

  Joint Position Statement on Criminal Liability in EMS: https://www.naemt.org/docs/default-source/advocacy-documents/positions/20241210---final-joint-position-statement-on-criminal-liability.pdf?sfvrsn=2d3fe93_1

  Related articles by Rob Lawrence and Doug Wolfberg:

Navigating criminal liability: Lessons from the Elijah McClain case (Rob Lawrence): Navigating criminal liability: Lessons from the Elijah McClain case

Malpractice or murder: When do EMS providers cross the line from negligence to a crime? (Doug Wolfberg): Malpractice or murder: EMTs charged with homicide in Moore case

  Learn more about Page, Wolfberg & Wirth: www.pwwemslaw.com

 

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