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Maryland Law and the Rights of EMS Employees Responding to Emergencies
by
Andrew H. Kahn, Esquire and Sarah P. Harlan, Esquire
An Article in the February 1995 edition of Journal of Emergency Medicine recounted the story of James Garcia, a paramedic in South Carolina who was hit by a car and seriously injured at the scene of an accident last winter. What was remarkable about the case was that Garcia -- not the driver -- was charged with a traffic violation. Mr. Garcia's investigation of South Carolina law revealed no statute which protects emergency medical service personnel at the scene of an accident. The question that comes to mind upon hearing Mr. Garcia's story is: Could a situation like this arise in Maryland? The answer is probably not.
There are several Maryland statutes governing the privileges of drivers of emergency vehicles in route to an accident. In order to enjoy these privileges, however, the emergency vehicle must be using both audible and visual signals which meet certain requirements set forth in the statute. Emergency vehicles must be equipped with "a siren, exhaust whistle, or bell capable of giving an audible sound" and flashing lights with "sufficient intensity to be visible at 500 feet in normal sunlight." Md. Code Ann. Transp. 22-218. Drivers in route to an emergency using these audible and visual signals may pass through red or stop signals, stop signs, or yield signs provided they slow down. Drivers responding to a call or alarm using audible and visual signals may disregard traffic control devices and are permitted to exceed the maximum speed limit provided they do not endanger life or property. Md. Code Ann. Transp. 21-106. These privileges apply when responding to, but not returning from a fire alarm. Md. Code Ann. Transp. 21-106. It is important to note that despite these privileges, the driver of an emergency vehicle is still obligated to drive with due regard for the safety of all persons.
The Maryland Code also permits drivers of an emergency vehicle responding to a call or alarm to "park or stand without regard to other [traffic laws]." However, this provision seems to apply only to the emergency vehicle itself and not the vehicle's driver or crew. Therefore, you must be careful where you walk at the scene of an emergency. If you were to jump in front of traffic and cause an accident, the statute would provide you with no protection.
Maryland law also requires the drivers of other vehicles to exercise caution when driving in the vicinity of an emergency vehicle. The drivers of other vehicles must stop and yield the right-of-way to approaching emergency vehicles using audible and visual signals. Md. Code Ann. Transp. 21-405. The drivers of other vehicles are prohibited from passing an emergency vehicle using audible and visual signals, unless the emergency vehicle has stopped. Md. Code Ann. Transp. 21-405. Another Maryland statute prohibits the drivers of other vehicles from following within 500 feet of any fire apparatus traveling in response to a fire alarm or driving or parking within 300 feet of any fire apparatus stopped in response to a fire alarm. Md. Code Ann. Transp. 21-1109. However, this statute probably does not apply to vehicles responding to an emergency medical call and may not even apply to paramedic vehicles at a fire call. Therefore, caution is required when parking and getting in and out of your paramedic unit.
In addition to various exemptions from traffic laws, Maryland law provides certain protections from tort actions to employees of local governments. The Local Government Tort Claims Act, Md Code Ann. Cts. & Jud. Proc. 5-401 et seq., provides that a person may not collect a judgment against a local government employee if the judgment is for negligent or careless "acts or omissions committed by the employee within the scope of employment with a local government." Thus, the employee remains subject to suit, but the employer would pay for legal representation and also pay for any judgment against the employee. It must be noted however, that if injury or damage arises from a malicious act on the part of the employee (rather than mere negligence) the employee bears full personal responsibility for his conduct. A similar statute, Md. Code Annotated Courts & Judicial Proceedings 5-399.5 provides immunity for emergency vehicle operators. However, the individual must not be guilty of gross negligence or malicious conduct.
Maryland law also furnishes protection to state certified E.M.T.s, C.R.T.s and Paramedics administering assistance. As long as the employee is not guilty of "gross negligence" they are not civilly liable for any act or omission in giving assistance or medical care "at the scene of an emergency, in transit to a medical facility or through communications with personnel providing emergency assistance." Md. Code Ann. Cts. & Jud. Proc. 5-309. The statute provides that in order to be immune, the provider must furnish the assistance or medical care "without fee or other compensation." The Maryland Court of Appeals has held that a salaried EMT acting within the scope of his assigned duties is immune from liability since he does not charge a fee directly to the victim. Tatum v. Giglotti, 583 A.2d 1062 (Md. 1991).
Another aspect of Maryland law which potentially limits liability is the doctrine of contributory negligence. Maryland is one of only a few states which espouses this doctrine. Under the doctrine of contributory negligence, any negligence on the part of the plaintiff is a complete bar to recovery. Wegad v. Howard Street Jewelers, 605 A.2d 123 (Md. 1992). Thus, if a civil action were brought by another driver against the operator of an emergency vehicle (not withstanding the other protections accorded to operators of emergency vehicles), recovery would be precluded if the other driver was in any way negligent.
In summary, Maryland (unlike South Carolina) provides substantial protection to its emergency personnel when they are responding to and working at the scene of any emergency. As long as you are not grossly negligent, you should be well protected from personal liability for your own actions and should be able to recover from others if you sustain injury as a result of their negligence. The one significant loophole in the network of statutes involves your activities in and around an emergency scene when you are not in your vehicle. So - don't go strolling onto the beltway just because the lights are flashing on your vehicle. If you get hit, there may be no recovery from the responsible driver.
