Adopted March 1, 2025: Joint Position Statement on Criminal Liability for Alleged Deviations from Clinical Standards of Care in Emergency Medical Services 

This Joint Position Statement from several National EMS Organizations outlines guidelines for determining when criminal liability should apply to EMS clinicians for alleged deviations from clinical standards of care. It stresses that:

EMS clinicians should be held accountable within a just culture, which emphasizes organizational systems that contribute to errors.

Criminal liability for medical errors should be carefully considered, as it can deter EMS professionals from reporting errors, potentially worsening patient safety.

The statement proposes a four-part inquiry to evaluate whether criminal charges are appropriate:

• Was the action within the EMS clinician's duties?
• Did the action involve a deviation from clinical standards?
• Was it intentional or grossly negligent?
• Will criminal liability serve justice?

The statement also highlights concerns about the impact of criminal liability on EMS recruitment and retention, especially during a workforce crisis, and advocates for non-criminal forms of accountability such as civil or administrative actions for medical errors.