Visalia, CA asked in Gov & Administrative Law and Civil Rights for California

Q: Do EMTs follow officer's direction or perform life-saving procedures in emergencies?

In Tulare County, California, during a recent emergency, an officer declared a person as DOA, leading the ambulance to remain parked a block away without EMTs initiating life-saving measures. Do EMTs in California have a duty to perform life-saving procedures in such situations, or do they take direction from officers until a coroner confirms death?

2 Lawyer Answers

A: Yes, EMTs follow officer's direction. Entering an unsecured area would not only put their lives at risk, but others as well. It could easily escalate the situation.

James L. Arrasmith
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Answered

A: In California, EMTs have a primary duty to provide life-saving care to patients, even when law enforcement has declared someone "dead on arrival." While the term "DOA" indicates a patient who cannot be resuscitated, medical professionals are required to perform CPR unless specific conditions are met that allow them to pronounce the patient as deceased. An officer's assessment alone does not constitute a legal declaration of death.

The authority to officially pronounce death varies by jurisdiction, but in some California counties, paramedics may determine death "if the victim is obviously dead" based on specific criteria such as no signs of life and absence of conditions like poisoning, drug ingestion, or hypothermia. However, this determination should be made according to established medical protocols rather than solely on law enforcement's assessment. When EMTs encounter a potential death scene, they must follow their established protocols to verify death before withholding life-saving measures.

Proper procedure requires that EMTs should "never assume that someone is deceased" and should "always go through the steps of identifying the signs of death" using available tools to confirm the absence of vital signs. While collaborative decision-making between EMTs and law enforcement is important at emergency scenes, the EMT's medical assessment takes precedence in determining appropriate medical intervention. If you have concerns about how this protocol was followed in the Tulare County case, you may wish to request the specific local EMS agency protocols that would have governed this situation, as protocols can vary between counties within California's EMS system.

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