Standard of Care Podcast

When does doing nothing become negligence?

In this gripping episode of The Standard of Care Podcast, hosts Samantha Johnson and Nick Adams explore two real-world legal cases in which EMS providers were sued—not for what they did but for what they didn’t do. The central issue is the failure to forcibly enter a residence during a medical alert activation and its devastating consequences.

This conversation explores pre-hospital providers' legal, ethical, and practical responsibilities when responding to calls that may require forced entry. From Life Alert activations to one-ring 911 calls and silent apartments with growing stacks of mail, this episode examines the critical decisions providers face when balancing patient care, property damage, and personal liability.

You’ll walk away with actionable insights, fundamental policy considerations, and a deeper understanding of your “duty to act” when the door stays closed.

Key Takeaways
  • For providers with advanced responsibilities: Legal precedent is shifting—standing outside the door and “erring on the side of caution” may no longer protect you in court. If your system doesn’t give you the tools or authority to act decisively, it’s time to start the policy conversation.
  • For providers early in their practice: Knowing how and when to involve law enforcement or fire services during a potential forced entry call is critical. Policies are not just guidelines—they’re your legal armor.
  • For those just beginning in EMS: Just because the lights are off and no one answers the door doesn’t mean no one is home—or in danger. Learning when to escalate, who to call, and how to document your decision could be the essential skill you acquire early in your career.
References

https://f001.backblazeb2.com/file/Standard-Of-Care/Handout_ch37.pdf

https://f001.backblazeb2.com/file/Standard-Of-Care/Handout_ch38.pdf
 
https://www.firelawblog.com/2011/06/16/duty-to-act-right-to-enter-their-well-being-our-well-being/
 
https://www.nbcphiladelphia.com/news/local/lawsuit-philadelphia-geneva-mackrides-death-senior-living-facility/4127192/
 
https://www.nbcphiladelphia.com/news/local/family-lawsuit-claims-north-philly-man-died-emts-left/4138474/
 
https://6abc.com/post/another-lawsuit-filed-city-philadelphia-ems-response/16045833/
 
https://www.ems1.com/legal/philadelphia-family-files-lawsuit-over-ems-failing-to-aid-father-after-unanswered-knock
 

Creators and Guests

NA
Host
Nick Adams
Experienced Fire and EMS Captain with a demonstrated history of working in the public safety industry. Skilled in Crisis Management, Government, Law Enforcement, Emergency Management, and Fire Management. Strong healthcare services professional with a B.S. focused in Emergency Management/Homeland Security and a Masters in Public Administration from Jacksonville State University.
SJ
Host
Samantha Johnson
Senior Associate General Counsel at Grady Health System, a major public academic healthcare system in the U.S. My role involves advising on legal aspects of patient care, ethics, HR, compliance, and regulatory issues. I conduct training, draft and review legal documents, and represent the Health System in various legal proceedings, including guardianship cases in Fulton County Probate Court. I also focus significantly on Grady Health System’s EMS division, providing legal advice and hosting “The Standard of Care” Podcast on EMS legal issues. I chair the In-House Counsel Association of the Georgia Hospital Association and am a member of the State Bars of Georgia and South Carolina. I hold an MBA and MHA from Georgia State University’s J. Mack Robinson College of Business (2014).

What is Standard of Care Podcast?

Back in EMT class there was one page in the textbook that covered legal issues in pre-hospital medicine. Our world is increasingly more complicated and as a result, one page just doesn't cover it anymore. In this podcast, Sam and Nick discuss important, relevant and modern aspects of EMS law that may have been overlooked in class.