M Civ JI 14.20 Emergency Medical Services Act - Explanation

An emergency medical services worker acting in an emergency situation is liable for injuries to a patient caused by the worker’s conduct or failure to act only if the conduct or failure to act constitutes gross negligence or willful misconduct.

[ Insert M Civ JI 14.10 Gross Negligence—Definition ]

[ Insert M Civ JI 14.12 Willful Misconduct—Definition ]

Note on Use

The Emergency Medical Services Act applies only to emergencies. Knight v Limbert, 170 Mich App 410; 427 NW2d 637 (1988); Pavlov v Community Emergency Medical Services, Inc, 195 Mich App 711; 491 NW2d 874 (1992).

On the question of whether the Emergency Medical Services Act applies to governmental units and their employees, see Malcolm v East Detroit, 437 Mich 132, 141 fn 9; 468 NW2d 479 (1991), and subsection (2) of MCL 333.20965.

Comment

MCL 333.20965. Jennings v Southwood, 446 Mich 125; 521 NW2d 230 (1994).

History

M Civ JI 14.20 was added January 1996.