In this episode of the EMS One-Stop podcast, host Rob Lawrence is joined by Shana Beggan, Esq.; and Mike Pellow, Esq., defense attorneys representing one of the firefighters involved in the tragic Elijah McClain case.
| More: The EMS system failed McClain and the justice system failed the paramedics
Beggan and Pellow discuss the complex legal and systemic issues surrounding the incident, including communication breakdowns, inadequate training, and the challenges faced by EMS and fire personnel when operating in chaotic environments. They also address the broader implications for EMS professionals, highlighting the importance of proper documentation, the use of body-worn cameras, and the need for stronger inter-agency collaboration between police and EMS teams.
This interview provides invaluable insights into the case and the steps necessary to improve EMS practices moving forward.
Beggan and Pellow share their experiences navigating the criminal and civil aspects of the case, emphasizing the importance of understanding the limitations and constraints that EMS providers face in high-pressure situations. They also advocate policy changes, such as enhanced training, better resource allocation and the introduction of body-worn cameras to protect both first responders and the patients they serve.
Their passionate discussion sheds light on the need for reform within EMS, encouraging listeners to reflect on their own practices and consider how they can contribute to a safer and more effective emergency response system.
Key quotes
- “First responders are people who run towards difficulties and trauma when many run away, and to see somebody be charged in this situation and the fallout from it ... has become a very strong passion for myself and for Mike.” — Shana Beggan
- “You take somebody – basically the bottom of an entire healthcare system – and say, let’s blame this person, let’s criminalize this. That is the wrong thing to do.” — Mike Pellow
- “I think that we need to allow for honest conversations in a safe way, not a blame-the-finger approach.” — Shana Beggan
- “We need to be better at helping first responders, not making them look over their shoulders and thinking, ‘Where am I going to get whacked in the back of the head if something goes wrong?’” — Mike Pellow
- “We perform the way we train, and here the training was poor. We condone or even promote what we fail to address.” — Shana Beggan
Takeaways and actionable items
- Improve documentation practices. Ensure that EMS providers document not only their actions, but also their thought processes. This can help prevent misinterpretation of their actions in high-stress situations and provide valuable context in legal proceedings.
- Advocate for body-worn cameras. Implement body-worn cameras for EMS teams to improve transparency, protect first responders, and provide better evidence for both patient care and legal purposes. However, ensure that funding for such programs comes from appropriate sources, rather than placing additional strain on already underfunded EMS budgets.
- Enhance training and protocols. EMS and police departments should collaborate on joint training sessions, focusing on clear communication, proper patient handoffs, and how to handle complex situations, like excited delirium. Ensure that protocols are updated regularly and that training is implemented in real-world scenarios.
Timeline
01:48 – Introduction: Rob Lawrence introduces the episode and guests Shana Beggan, Esq.; and Mike Pellow, Esq.
04:21 – Case background: Pellow provides a brief overview of the Elijah McClain case, the charges against the paramedics, and the current status of the case.
07:10 – Communication breakdowns: Beggan discusses the major issues surrounding communication between police and EMS, particularly the lack of information shared between the different teams at the scene.
10:35 – Documentation and reporting: Beggan and Pellow emphasize the importance of documentation in EMS, especially in legal situations, and discuss how inadequate reporting and the failure to document actions and decisions contributed to the case.
12:01 – Body-worn cameras: Pellow advocates for the use of body-worn cameras in EMS to provide better documentation and protect both patients and responders.
19:25 – Police and EMS collaboration: Beggan and Pellow discuss the importance of training police and EMS teams together to improve coordination and response.
28:00 – Legal implications and criminalization of EMS: Beggan and Pellow discuss the growing trend of criminalizing medical practice in EMS and the need to protect providers from unjust legal consequences.
46:11 – Support from fire leadership: Beggan shares the support from the Aurora fire chief, who highlighted systemic failures and underscored the importance of better training and protocols.
50:57 – Closing remarks: Rob thanks Beggan and Pellow for sharing their insights and the discussion closes with a focus on the need for systemic change within EMS and emergency response.
ADDITIONAL RESOURCES
The full session from attorneys Shana Beggan, Esq.; and Mike Pellow, Esq., as well as the full study period at the Sixth Annual Emergency Medical Services Symposium is available on YouTube. It is well worth investing the time to review this case and all of the sessions presented at the symposium.
Find additional resources here:
- EMS1: How to buy body-worn cameras (eBook)
- Lexipol: Navigating Grants for Body-Worn Camera Program Funding
- Doug Wolfberg: Welcome to the era of performative patient care
- Rob Lawrence: An inside look at the New Orleans EMS body-worn camera program
- Page, Wolfberg & Wirth/NEMSIS: EMS body–worn camera quick start guide: Legal considerations for EMS agencies
- David Givot: The EMS system failed McClain and the justice system failed the paramedics
- Rob Lawrence/Doug Wolfberg: Balancing care and collaboration: Key lessons from EMS and law enforcement interactions