Episode 49 | Criminalizing Clinical Judgment: EMS Legal Risks and the Just Culture Response. “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, EMS attorney Doug Wolfberg of Page, Wolfberg & Wirth discusses 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, the discussion takes 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.
Related articles by Rob Lawrence and Doug Wolfberg:
Episode 48 | In this episode, our guests highlight the importance of EMS On The Hill Day in bringing together EMS professionals, elected officials, and healthcare leaders to address key industry challenges. NAEMT President Chris Way shares his optimism about the warm reception from lawmakers, emphasizing that this year, the EMS community is not only presenting problems but also offering solutions, particularly in terms of cost savings and efficiency with bills such as the Treatment in Place (TIP) and Mobile Integrated Healthcare (MIH). Chief Julius Jackson, David Blevins, Elise Mills, Chris Kescoli, and Josh Ellison also offer insights.
Episode 47 | In this episode of NAEMT Radio, host Rob Lawrence is joined by Regina Crawford, Scott Willits, and Justin Duncan as they discuss preparations for their pre-conference session prior to EMS on the Hill 2025. Their pre-conference session, "Empowering EMS with Data: From Insights to Action," will offer practical guidance on how to leverage data for legislative advocacy. Attendees will engage in interactive exercises, including role-playing to practice how to present their data in ways that are impactful for policymakers. The goal is to help EMS professionals craft data-driven stories that effectively highlight the needs of their communities and demonstrate actionable solutions.
Episode 46 | National Associations Collaborate with NAEMT. In this engaging episode, NAEMT President Chris Way and special guest Kevin Joles, Division Chief of EMS at Olathe FD and Chair of the EMS Section of the International Association of Fire Chiefs (IAFC) dive into the value of collaboration across EMS organizations and the importance of strategic planning to shape the future of prehospital care. With a focus on the LA wildfires, Chris and Kevin reflect on how EMS continues to adapt and respond to challenges such as wildfires and disasters, emphasizing the role of advocacy, innovation, and education in strengthening the profession.