In a case of first impression in New Jersey, the Supreme Court held that while the Emergency Medical Services Act (EMS Act) and Good Samaritan Act provide immunity to officers and members of a rescue squad for civil damages, the plain language of those statutes does not provide immunity to a rescue squad as an entity. Murray v. Plainfield Rescue Squad, 210 N.J. 581 (2012). Thus, a rescue squad may be subject to liability for negligence even though its members may be immune from liability. Although the court’s holding may appear to have broad implications for rescue squads, the court recognized that the New Jersey Legislature has conferred immunity upon EMS entities providing advanced life support (ALS) services and “volunteer” rescue squads.
In Murray, the patient was shot in the chest by his younger brother, outside their home in Plainfield. Approximately four minutes later, a Plainfield Rescue Squad ambulance arrived on the scene. The ambulance was staffed by two emergency medical technician-basics and one member in training. An ALS unit operating out of John F. Kennedy Medical Center was also dispatched, but the testimony was disputed as to whether the ALS unit actually arrived on the scene.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
