Q: Can an EMT or Paramedic be charged with trespassing if their patient tells them to leave their home.
In this case, they were not present in an emergency capacity. They were infusing monoclonal antibodies for COVID-19. They could act should an emergency condition exist. However, in this case, the patient was deemed ineligible for the infusion, and no immediately obvious emergent condition existed that would require treatment. After being told that they were ineligible, they became understandably upset and told them to leave. At that point, because their duties are discharged due to ineligibility and no emergent condition existed. The patient was not a threat to themselves or others, and of legal capacity to make decisions. No impaired in any way by drugs or alcohol. Would that constitute criminal trespassing if they refused to leave? Even if they were trying to help in other ways?
A:
Technically, I believe there may be a violation if the EMTs were to remain after being told to leave. I do not see any prosecutor accepting that type of a case unless the offending persons hurt or caused a serious harm to person or property. remember, if the DA will not take the case, then there will be no prosecution.
I hope this helps.
Good Luck!
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