the law practical explanation and what the law means to you

The LawPractical Explanation and what the

Law means to You

Types of Law

Common Law

Statutory Law

Regulations

Criminal Law

Civil Law

Common Law

Judge Made Laws

Judge Interprets legislation

A ruling has set a precedenceSimilar cases are compared

Example of common lawNegligence cases

Statutory Law

Laws established by legislative bodies

All areas of government

• Federal, State, County, City

Example of Statutory Law

Motor Vehicle Laws

Oregon Revised Statutes 820.300-820.380

AMBULANCES AND EMERGENCY VEHICLES(Application of Traffic Laws)

http://www.leg.state.or.us/ors/820.html 820.300 Exemptions from traffic laws. (1) Subject to conditions, limitations, prohibitions and penalties established for

emergency vehicle and ambulance drivers under ORS 820.320, the driver of an emergency vehicle or ambulance may do any of the following:

(a) Park or stand in disregard of a statute, regulation or ordinance prohibiting that parking or standing.

(b) Proceed past a red signal or stop sign.(c) Exceed the designated speed limits.(d) Disregard regulations governing direction of movement or turning in specified

directions.(e) Proceed past the flashing bus safety lights without violating ORS 811.155 if

the driver first stops the vehicle and then proceeds only when the driver:(A) Determines that no passengers of the bus remain on the roadway; and(B) Proceeds with caution.

(2) The provisions of this section:(a) Do not relieve the driver of an emergency vehicle or ambulance from the duty

to drive with due regard for the safety of all other persons.(b) Are not a defense to the driver of an emergency vehicle or ambulance in an

action brought for criminal negligence or reckless conduct.

Regulations

Administrative Agencies directed by Legislature to make rules

Rules to regulate daily activities and functions

Interpret legislated statutes

Example:Oregon Administrative Rules

333-255-0060 through 333-255-0093

333-255-0000 Definitions (1) "Ambulance" means any privately or publicly owned motor vehicle, aircraft, or marine craft operated by a Division-licensed ambulance service that is regularly provided or offered to be provided for the emergency and non-emergency transportation of persons suffering from illness, injury, or disability. (2) "Ambulance Service" means any individual, partnership, corporation, association, governmental agency, or other entity that holds a Division-issued ambulance service license to provide emergency and non-emergency care and transportation to sick, injured or disabled persons. (3) "Division" means the Health Division of the Department of Human Services and its authorized representatives. (4) "Emergency Care" means the performance of acts or procedures under emergency conditions in the observation, care and counsel of the ill, injured or disabled; in the administration of care or medications as prescribed by a licensed physician, insofar as any of these acts is based upon knowledge and application of the principles of biological, physical and social science as required by a completed course utilizing an approved curriculum in prehospital emergency care. However, "emergency care" does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.

DIVISION 255 AMBULANCE LICENSING

http://arcweb.sos.state.or.us/rules/OARs_300/OAR_333/333_255.html

Criminal Law

Enacted to Protect the Public

Violators can be prosecuted

Examples:Vehicular Homicide

Assault and Battery

Civil Law

Laws to Protect Personal Rights

Laws to Protect Property Rights

Enable individuals to recover damages

This is where the $000,000,000 happens!

You don’t have to be guilty under criminal law to be liable under civil law!

Example: OJ Simpson

Legal Terminology

Negligence

Contributory Negligence

Liability

Due Regard

Defendant

Plaintiff

Tort

True Emergency

Negligence

Failure to act reasonably prudent and careful in a given situation (prudent man)

Two basic typesFailure to perform a necessary act

• E.g. Ran out of gas, no morning check

• E.g. Didn’t initiate CPR during code

Failure to realize unreasonable risk• E.g. Driving 45 mph in an occupied school zone

Elements of Negligence

Is there a Duty to act?

Was there an unreasonable act or omission?

Was there injury or damage?

Did the act or omission cause the injury?

Was there a perceptible danger?

Contributory Negligence

Person initiating legal action contributed to the loss or damage

E.g. Was the other party under the influence at the time of the accident?

Liability

Condition requiring a particular act

Failure to do so can cause problems and

court action

Two basic questions to ask?

Is this a true emergency?

Am I using due regard?

Due Regard

Acting with prudence in the presenting situation.

What would the “prudent man” have done?

E.g. Did you give the other driver proper and adequate notice of the ambulance approach?

Defendant

The person who allegedly committed an

offense and is thus being sued or

prosecuted.

You don’t want to be this guy!

Plaintiff

The person who initiates the legal action in order to recover their losses.

This is usually the other guy!

Tort

A legal wrong that results in a direct or indirect injury to another individual, or property damage.

This is what the chief or owner will write that you did on your termination papers.

True Emergency

A situation in which there is a high probability of death or serious injury to an individual.Ask the question: “Will getting there a few minutes earlier justify the risk of driving faster or ignoring driving rules?”The plaintiffs attorney will ask this question!

Who determines it is a true emergency?

Agency Protocols

Dispatch Center

Medic discretionBased on What?

• Information given?

• Gut feeling?

• Past experience?

True Emergencies?

First alarm for a house fire.

MVC two car head-on

MVC, car into ditch, unknown injuries

Baby not breathing

Student with headache

Woman in labor

Transfer to Doctor Office

Conclusion

You must act in a manner that protects all person with whom you may interact at all times and under all circumstances.The emergency vehicle and it’s contents must be in safe operating condition at all times.You are ultimately responsible for the above!