Define "negligence" in the context of EMS.

Negligence, particularly in the context of Emergency Medical Services (EMS), is defined as the failure to provide the standard of care that is expected from a competent EMS provider, which results in harm or injury to a patient. This encompasses situations where an EMS professional does not act as a reasonably prudent provider would under similar circumstances, leading to adverse outcomes for the patient.

This definition captures the essence of negligence, which is rooted in the concepts of duty, breach, causation, and harm. EMS providers have a duty to deliver a certain quality of care, and if they fail to meet that standard—whether by omitting necessary actions, making wrong decisions in treatment, or failing to follow protocols—their actions can be deemed negligent, especially if it subsequently leads to a patient’s injury or worsening condition.

In contrast, intentional misconduct refers to actions taken with the knowledge that they would cause harm, which falls outside the realm of negligence. Making an error in judgment may occur in many situations without necessarily breaching a standard of care, as it can be a result of the complexities involved in medical emergencies. Refusing to treat a patient, while unethical and potentially illegal, does not primarily address the issue of negligence in terms of care standards. Therefore, the