Paramedic Legal Defense




	Frequently Asked Questions Q: What legal services are provided? A: As fully described in the subscription agreement, Paramedic Legal Defense provides you with advice, consultation, advocacy, and representation when the California Emergency Medical Services Authority (EMSA) investigates you or attempts to take any adverse action against your paramedic license. Paramedic Legal Defense also provides legal advice and lawyer assistance if you are sued or charged with a crime arising from your paramedic duties or affecting your paramedic license. Subscribers also receive discounted rates on legal services not otherwise covered by the subscription. During an EMSA investigation we represent you. If an accusation issues, we will attempt to resolve your case without litigation on favorable terms. If settlement on terms satisfactory to you is not possible, we will defend you throughout the administrative proceedings and, if appropriate, appeal any adverse decision to the Superior Court via a writ of mandamus. Q: Who provides my legal representation? A: An experienced and qualified EMS attorney of the Rose Law Firm, P.C., will represent you and handle your case from start to finish. Our attorneys and staff are experienced in the defense of licensed California paramedics. Attorney Joe Rose, the founding shareholder of Rose Law Firm, P.C., supervises all paramedic defense cases handled by the firm, even those not directly handled by him. In 1989, Mr. Rose attended the paramedic program at Daniel Freeman Hospital in Inglewood, California. Mr. Rose became a paramedic in 1990 before the statewide licensure system for paramedics existed in California. He was initially “certified” in Los Angeles and Ventura counties, and later in El Dorado and Sacramento counties. He became licensed by the EMSA when it first began licensing paramedics on a statewide basis. During Mr. Rose’s EMS career he worked in the private sector as well as in the fire service, concluding his career with the Sacramento Metropolitan Fire District in 2001. During his EMS career, Mr. Rose was a paramedic preceptor, advanced cardiac life support (ACLS) instructor, basic cardiac life support (BCLS) instructor, and developed a pediatric reference known as the Pedi-Wheel® in 1994 that is still published and used by healthcare providers today. Mr. Rose has served for many years on the boards of directors for two Northern California fire/EMS agencies, and is an adjunct professor of labor and employment law at Lincoln Law School of Sacramento. Because of his unique experience, Mr. Rose is frequently sought and highly recommended for legal representation by paramedics, emergency medical technicians (EMTs), labor organizations, and other licensed professionals throughout California. Q: When does my subscription begin? A: After we have received, reviewed, and approved your application and your first payment you will receive written notice that your subscription has begun. Q: Doesn’t my labor union already provide this service? A: Not usually. Labor unions have a duty to fairly represent union members in certain dealings with the employer, but not necessarily in every legal matter that may relate to or have an impact on your employment. For example, unemployment compensation, retirement benefits, health insurance benefits, social security benefits, driver’s licenses, and workers’ compensation benefits are all related to your employment; yet, unions rarely provide attorney representation in such matters, leaving employees to find their own legal counsel. Similarly, unions have no duty to represent union members regarding their professional licenses and certificates. Even when your union offers to provide a representative, the union may offer a business agent or representative rather than a lawyer. When more than one union member is involved in the same incident that resulted in the investigation, concerns may arise about confidentiality or conflicts of interest, particularly where union members are making accusations against each other or the same union representative is handling all of the cases. Your Paramedic Legal Defense subscription establishes an attorney-client relationship directly between you and the Rose Law Firm, P.C., which is completely separate from your union. Your Paramedic Legal Defense subscription should reduce your concerns about confidentiality, conflict of interest, and the quality of attorney representation. Q: Doesn’t my employer already provide this service? A: Not usually. In fact, agents of your employer may even have initiated or participated in the complaint against you and may serve as an adverse witnesses against you. Worse, statements made to your employer may be used against you and are not privileged. If you are sued by someone for money damages due to alleged negligence as a paramedic, your employer may have an obligation to pay your attorney’s fees to defend you in a civil or criminal case and pay any damages award against you under California Labor Code § 2802, only if you were acting in the scope of your job and the events giving rise to the lawsuit were the direct consequence of the discharge of your duties, or you were following your employer’s instruction. Rarely do paramedics face criminal charges because they were doing their job or following their employer’s instructions. More typically, paramedics are arrested and charged for conduct away from work, or because of allegations they are not doing their job or not following their employer’s instructions. Further, public employers are not required to pay an employee’s attorney’s fees in criminal cases under California Government Code § 995.8. When both a public employer and its public employee are sued, the public employer may provide a joint defense but has no obligation to provide the employee with a separate defense even where there is a potential or actual conflict of interest. City of Huntington Beach v. Petersen Law Firm (2002) 95 Cal.App.4th 562, 566-568. As a Paramedic Legal Defense subscriber, we provide you with individualized attorney representation during EMSA investigations and adverse actions, which your employer has no obligation to provide. We also advise and consult with you if you are sued or charged with a crime, assist you in obtaining representation and indemnification in these instances from your employer, and can provide these legal services to you at a substantial discount. Q: Doesn’t my malpractice insurance company already provide this service? A: Not usually, but check your policy. Most insurance policies for errors and omissions provide you with a defense when and provide indemnity for payment of damages when you are sued for negligent acts. Very few policies will provide you with attorney representation if your paramedic license is threatened with probation, suspension, revocation, or denial of renewal. This is especially evident considering many adverse actions taken by the EMSA against paramedics relate to off-duty conduct or criminal convictions that are not directly related to the provision of emergency medical care. What’s more, if you are relying on a policy of insurance covering your employer (rather than you personally) then, depending upon the case, it may be to the advantage of the insurance attorney to attempt to establish you were acting outside the normal course and scope of your employment to try to minimize the employer’s liability. As a Paramedic Legal Defense subscriber, we provide you with individualized attorney representation during EMSA investigations and adverse actions, which your insurance company has no obligation to provide. We also advise and consult with you if you are sued or charged with a crime, assist you in obtaining representation and indemnification in these instances from your insurance company, and can provide these legal services to you at a substantial discount. Q: Is Paramedic Legal Defense an insurance policy? A: No. Paramedic Legal Defense is not an insurance policy. Therefore, we do not reimburse you for any fees, costs, or damages. Rather, Paramedic Legal Defense is a subscription-based prepaid legal plan within the meaning of California Insurance Code §§ 119.6 (a) through (e). We provide legal services to you as described in the subscription agreement. Q: What are the steps in the paramedic disciplinary process? A: The disciplinary process begins either: (1) when you apply for initial licensure or renewal as a paramedic; or (2) when a complaint of misconduct is filed against you with the California Emergency Medical Services Authority (EMSA). If the EMSA Enforcement Unit determines you have committed some on-duty or off-duty misconduct that justifies discipline, the Deputy Director of the EMSA will request an “accusation” or “statement of issues” be served upon you. You then have 15 days to respond with a notice of defense. You may also raise certain objections, provide additional information, make certain admissions, and request discovery. If the case does not settle it will be set for an administrative trial and heard before a hearing judge, who will issue a proposed decision within 30 days. Unless the EMSA Director accepts, rejects, or modifies the proposed decision of the hearing judge within 100 days, it becomes final. The final decision of the hearing judge or EMSA Director can be appealed via a writ of mandate to the Superior Court. The paramedic disciplinary process is described in more detail here. Q: Can I subscribe to Paramedic Legal Defense if I am already under investigation or facing an adverse action against my California paramedic license? A: No. If you are currently under investigation or already facing an adverse action against your paramedic license you cannot now subscribe to Paramedic Legal Defense and receive subscription-based legal services for the pending investigation or adverse action. To keep Paramedic Legal Defense services affordable, we only provide subscription-based legal services to those who have begun and maintained their subscription before any investigation or accusation. However, contact Rose Law Firm, P.C., and we can still discuss representing you in your pending matter on a conventional, non-subscription basis. If you have a prior history of investigation or discipline by the EMSA you may still be eligible to subscribe to Paramedic Legal Defense so long as there is no pending investigation or discipline and you have completed the terms of any probation. You must disclose all of the details of your disciplinary history to us as a part of your application. This is a summary only. For complete details and limitations please read the subscription agreement.

Frequently Asked Questions