I try reading something every day in the hope of becoming more proficient in my responsibilities, both personally and professionally. Sometimes the lessons presented are not directly related to our side of the 'firehouse', but they apply nonetheless. That being said, please read the story in the hyperlink from the D.C. area. It really helps one understand the whole decision making process - "Good decisions yield rewards, poor decisions yield consequences". In DC, there were some poor decisions made.
http://www.ems1.com/ems-management/articles/680533-DC-family-sues-city-medical-director-after-wrong-diagnosis-leads-to-death/
Decisions when made, must be decisions based upon protocol, policy and industry standard. As the gentlemen from Altamonte Springs continually opines, decisions must pass the "straight-face test". That apparently was not the case in D.C., nor was it the situation in four other legal cases now decided in court. The results of those cases levied accountability on the employing agencies - i.e., the government. I would like to recommend that we all make time to consider such things. It's all about executing our respective charges professionally, ethically and competently, or to put it another way; it's risk management. As Mr. Doug Wyseman well notes in his Managing Fire Liability Risks seminars, "Don't allow your next review of your current practices to take place while YOU are sitting in a witness box!"
Some legal cases* to consider are: (* All cases cited from Measuring Code Compliance Effectiveness for Fire-Related Portions of Codes - Vol. I, page 34, 35.)
Adams v. State, 555 P. 2nd 235 (1976) - The Inspector failed to issue a letter regarding a violation. The State of Alaska was found at fault.
Coffey v. City Milwaukee, 74 Wis. 2d526, 247 N.W. 2d 132 (1976) - The Inspector failed to detect or order a replacement for defective standpipe. The City was found at fault.
Halvorsen v. Dahl, 89 Wash., 2d 673, 574 P. 2d. 1190 (1978) - A violation letter was sent, but there was no follow through taken to ensure correction. The City was found at fault.
Thompson v. Waters 276PA99 NC (2000) - The government inspector is not immune to liability under the Public Duty Doctrine when construction defects are negligently overlooked.
Recall that most paramedics get into trouble because they forgot to be EMT's as they execute their respective job responsibilities, hence the expression, "paramedics save lives, EMT's save paramedics". Returning to the basics and employing those basics is what saves medics AND inspectors if we apply them. In all four cases cited in the NFPA research report, the outcomes and oversights were all too preventable because they required nothing more than attention to the basics.
How difficult is it to come back and actually write your report; or how simple the task of delivering the report once it's written? For more years than I can probably recall, some 20 to be sure though, both NFPA and the IFSTA manuals addressing life safety/fire prevention inspections, have set out a basic idea and that is, it is better to have never known than to have known and done nothing about it. On the very heels of that precept, how would you like to explain why you or your staff didn't return to ensure that code compliance has been met? Simply by returning for the compliance inspection; that's all it will take to keep us all out of such an embarrassing and compromising position.
In November of 2006, I wrote a short piece for this newsletter entitled "Return To The Basics" which dovetailed our 58th annual conference themed, "Your Keys For Prevention". Within that article, I spoke to the basics and invited all of our peers to please give basics the attention it requires. My late father always said that in this life there are "no absolutes", and than he said "absolutely". Well perhaps Dad didn't know anything about our business; for you see there is at least one absolute in this: We absolutely can never, never overlook the basics! Refer to the cases formerly cited for the results of ignoring basics.
So, while there is no 'silver bullet' here, there is a silver idea. What idea? The idea that we can't be too careful or diligent as we execute our responsibilities protecting the public. Paying close attention to professional journals, making adjustments as necessary, acquiring additional training, education and certification beyond what is minimally required, will go a long way towards preventing the negative consequences of poor decision making, or that is to say, ignoring the basics. Dr. Wayne Dyer drew attention to this concept when he penned this; "Change the way you look at things and the things you look at change."
So how about we all do just that, change the way we've looked at things in the past and see whether or not those same things indeed change.
Article Provided by:
Bart Wright
Assistant Fire Chief
Maitland, Florida