By: Daniel Hinds
In a recently released decision by the Paramedic Association of New Brunswick’s Discipline Committee, ZTGH associate Branson Wong successfully defended a News Brunswick paramedic against claims of professional misconduct and incompetence.
As is commonly the case, healthcare professionals are primarily regulated via provincial legislation. The Paramedic Association of New Brunswick is governed by the Paramedic Act, SNB 2006, c.33 (“Paramedic Act”), which provides a mechanism for individuals to bring complaints against paramedics. These complaints are handled by administrative Tribunals which are tasked with examining the facts giving rise to the allegations to determine whether the paramedic breached their obligations under the Paramedic Act. In the present case, a complaint was made by one paramedic (the Complainant) against the insured paramedic (the Insured) for professional misconduct.
The Facts
The allegations stemmed from a single motor vehicle accident in April of 2023. The Insured arrived on scene in the first ambulance and his partner began resuscitative efforts on the deceased passenger pursuant to protocol. Meanwhile, the Insured attended to the driver of the vehicle.
The Complainant arrived in the second ambulance. While one of the paramedics from the second ambulance assisted the Insured’s partner with the passenger, the Complainant successfully attempted to obtain instructions to cease resuscitative efforts on the passenger.
Standard protocol is for each ambulance to have carriage of one victim. The Insured had taken the driver over to the second ambulance to be treated. There, the Complainant confronted the Insured and advised him that as the passenger was now deceased, the responsibility for the driver was now relegated to the Insured and the first ambulance since they were first on the scene. The Insured confronted the Complainant over this decision resulting in a verbal altercation away from the driver and her mother who had arrived at the scene by this point. The Complainant subsequently filed a Complaint against the Insured, alleging that he engaged in professional misconduct including abandonment of a patient and verbal abuse of another paramedic in front of a patient.
The Law
Under the Paramedic Act, any Complaint is investigated by a Complaints Committee, who decide whether the matter should be delegated for handling to a Disciplinary Committee or dismissed. The Complaints Committee assesses a Complaint to see if, in substance, it meets any of the various grounds established in s.24(1) of the Paramedic Act upon which a conviction could be found. These grounds include Professional Misconduct, Incompetence, Breach of By-Laws or the Act, and more. Here, the Complaints Committee saw fit to direct the matter to the Disciplinary Committee for handling, on the grounds of professional misconduct and incompetence.
At the Disciplinary Hearing
The issues in dispute were whether the Insured was incompetent in providing treatment to the driver, and whether his altercation with the Complainant qualified as professional misconduct. Crucial to the finding that the Insured was not incompetent was his testimony regarding his adherence to the proper protocols. For example, the Insured was aware of the proper cervical-spine clearance protocols to be administered in the case of a car accident. Further, he had knowledge of, and performed, the appropriate neurological tests, pulse motor sensory checks, rapid trauma survey checks, and numerous other tests (blood pressure, pulse oximetry, temperature, etc.). There was no evidence whatsoever that these were done improperly.
With regards to the finding that the Insured had not engaged in professional misconduct against the Complainant, situation-specific facts were key – here, the Insured had confronted the Complainant over his decision to move the driver to the first ambulance, the equipment of which was being used on the deceased. It was a highly stressful situation, but it was found that the Insured was advocating for the best interests of the driver and was civil to the Complainant given the stressful circumstances.
Conclusion
Healthcare professionals are often regulated by provincial legislation, and complaints are regularly dealt with by Administrative Tribunals empowered pursuant to this legislation. In addition, civil lawsuits can be launched against healthcare professionals. Claims of professional misconduct can still arise despite healthcare professionals acting with the best of intentions. If you are dealing with claims of professional misconduct, please contact Branson Wong or Shanti Barclay.
