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