Immunity Protection and Delayed Transfer of Patient Care by EMS Providers: A Medical-Legal Analysis

In emergency medical service (EMS) systems, the transfer of patient care to persons at the receiving facility is delayed when EMS providers stop en route to the facility, or postpone entering after arrival, to perform tasks. When these tasks are prolonged and inessential, the delay in transferring care is judged to be inappropriate. When transfer of care is inappropriately delayed, EMS providers, supervisors, and medical directors may lose the immunity provided by their state's EMS Act. This article analyzes the legal issues surrounding inappropriate delays in transfer of care by EMS providers. Loss of statutory immunity may occur for reasons of public policy, as reflected in case law and under the reasonableness standard. Without immunity, persons involved in the transfer of patients to receiving facilities may be subject to liability under ordinary rather than gross negligence standards.