By Judson Freed of the University of Minnesota Department of Emergency Management

This information was extracted from an e-mail sent to the NCEMSF Administrative list on October 14, 1998.

I have followed the thread on liability with a great deal of concern. Much of the information presented is not entirely true. As most of the thread was posted here, in the administrators' list, this is where I am posting my reply.

Just because you call yourself the "University of XYZ Ambulance" you are not necessarily protected by the University, and you may have significant restrictions on your operation - particularly if you are an all-volunteer service. A student organization (or other organization) with the permission of the school may make use of the name, trademarks and wordmarks of the institution. The institution may not be liable for the actions of the organization - and in fact my make that a part of the license agreement for the use of the name/mark.

As an example: the MMPI test is the Minnesota Multiphasic Personality Inventory. It was developed at the University of Minnesota, and that information appears on the test forms world wide. The University is not liable at all for the use of the inventory. It is in fact, common practice for institutions to license their name/mark and to exclude all liability for the use or misuse.

Second, if your service is all volunteer, it is highly UNLIKELY that your members are covered by the institution for injuries, etc that would fall under worker's compensation if they had been employees. Remember in this that a volunteer is a legal definition (in Minnesota, a volunteer can earn $10,000 dollars/year "volunteering'). So, your staffs might get money form the institution and NOT be eligible for unemployment, worker's compensation, etc.. "Good Samaritan" laws are widely held to be non-protective in medical situations because (a) the claims arise form negligence (which obviates the protection clause); and (b) the duty to act for emergency services is much more stringent than for a lay person stopping to assist at an accident on some freeway. If you are relying on Good Sam to protect you, you are in deep trouble.

If, and only if, you are OFFICIALLY sanctioned to provide service FOR the School (not just TO the school) then AND ONLY THEN will your school's liability insurance cover you.

Here at the Univ of MN, we are sanctioned to provide EMS at U of MN events only (the University is considered to "control" certain off campus areas when we lease them for U of MN events). While providing these sanctioned services, my volunteers are covered by the University's professional liability insurance ($1 million/$3 million). If we provide assistance to an outside agency (e.g. a community special event) that is not held on campus, we are required by the University to procure coverage for the event equal to or exceeding the $1 million/$3 million.

The argument that "well, if the University is going to be sued, then they might as well defend you" is decidedly NOT the case. In fact, the individual leaders of the EMS group may be held personally liable for losses the school suffers. Under the general tenets of Errors and Omissions Insurance law, it has been found (e.g. the District Court of Ohio, 1984) that:

This tenet is understood to include the concept that Directors and Officers would - by virtue of their being directors and officers - normally be aware of insurance needs and regulations.

In other words, YOU may be personally liable if you are the director or an officer of your service and you do not make yourself aware of institutional insurance requirements and take the steps necessary to meet those requirements. Your school can, and will, seek to sacrifice you in order to cut their liability. If they are able to show that the school normally does require certain insurance arrangements, that they made these needs available, and that your service did not access the information, they can reduce their liability in the matter - and put you out of business. You may also want to check closely the Student Judicial code for your institution. Often, if a student knowingly puts the school into a situation that results in loss or financial impact, that student may face sanctions.

In short, as an administrator at a large University, I warn you that you MUST immediately check with your risk management, insurance, office of General Council and any other agency within your institution to ensure that you have met the School's requirements. If you are a paid department of your school, your department Director is the one to approach. If you are not a formal administrative department of your school, I don't care if you are a volunteer ambulance, paid on call "QRS", a First Aid club or a student organization. Medical care is not a hobby. It is a big, expensive and judicially dangerous business and the onerous task of finding the pitfalls are YOUR responsibility.

612-625-2802 (Office)
612-627-4770 (Fax)

jfreed@umn.edu
http://www.dem.umn.edu