Do firefighters and EMS have any obligation to respond?

[thaJack]

Warren v. District of Columbia is the main case cited with reference to this, but the other seminal case on this topic is DeShaney v. Winnebago County Department of Social Services. That is one worth reading up on, too, as it says pretty much the same thing but in this case is applying it not necessarily to the police department.

The DeShaney Court held that a state government agency's failure to prevent child abuse by a custodial parent does not violate the child's right to liberty for the purposes of the Fourteenth Amendment to the United States Constitution.

http://en.wikipedia.org/wiki/Warren_v._District_of_Columbia
http://en.wikipedia.org/wiki/DeShaney_v._Winnebago_County

 

[KBCraig]

Something important to consider is that a department's SoPs or policies are not the same thing as a legal mandate to respond.

That's the gist of what I said in the very first reply to the OP.

FF/EMS might have a moral obligation to respond.
They might have a policy requring them to respond.
But, they do not a a legal obligation to respond, and an individual has no recourse against them if they fail to do so.

 

[homerfire232]

In the "great" state of New York, as paid EMT or firefighter, you are working for a "business" and must respond legally due to contracts with the areas you cover. If you are a volunteer firefighter or EMT, you are not bound by any duty to act. But, once you establish contact with a patient and identify yourself, now you must act within your scope. (Like - "I'm an EMT, can I help?") At that point you are bound by NYSDOH laws and must act. Also I was told, if you wear any identifying badges, patches, logos or even a NYS EMT sticker on your window of your vehicle such that identify you as an EMT and you pass a scene and do not stop to help, and someone sees you, now you could be in a world of hurt. You better have a good excuse why you didnt stop.

 

[MiracleWik]

I was taught as an NREMT we must respond to a call while on duty, but make contact whether or not the scene is safe. If the scene is safe, we must care for the patient until they sign a refusal of care or are transferred to a higher point of care or the scene becomes unsafe again. We must care for everyone who requests it.

If we are NOT on duty, we have no duty to treat. An NREMT off duty may pass by a mass casualty with no repercussions. Of course, this may differ according to local laws, but this is what is in the most recent revision of the NREMT textbook.

-Ashley