HomeMy WebLinkAboutMINUTES - 04231985 - 1.38 TO: BOARD OF SUPERVISORS
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FROM: Phil Batchelor, County Administrator
Costa
DATE: April 16, 1985 County
SUBJECT: Legislation: Assembly Bill 1754 (Bradley)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position of support for AB 1754 by Assemblyman Bradley
which would exempt local Emergency Medical Service agencies
from liability for civil damages resulting from any act or
omission in administering an agreement or contract with a
trauma facility designated by the local EMS agency as part of
the local trauma care system.
BACKGROUND:
Under existing law (Health & Safety Code, Sections 1797.257,
1797.258 , 1798. 160 et seq. ) , the County' s Emergency Medical
Services agency is empowered to implement a trauma care system,
under which a potentially seriously injured person would be
transported to a designated trauma facility which is capable of
treating the particular sort of injury which the person has
suffered. Each facility so designated would participate in the
trauma care system under the terms of an agreement or contract
between itself and the County.
Under existing law, the County runs the risk of being held
liable as a co-defendant for civil damages in a patient' s
medical malpractice action against a trauma facility, on the
theory that the County' s EMS agency was negligent in its
administration of the agreement or contract with the trauma
facility. Such claimed negligence might arise, for example,
from the agency' s asserted failure to ensure that the trauma
facility had complied with the terms of the agreement _or
contract with respect to staffing, facility or procedures.
This bill would add Section 1799. 111 to the Health and Safety
Code, to provide that no liability for damages on the part of
the local EMS agency could arise from any act or omission in
its administration of the agreement or contract with the trauma
facility.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE($)
ACTION OF BOARD ON April 23. 1985 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
County Administrator OF SUPERVISORS ON THE DATE SHOWN.
CC: County Counsel ATTESTED
Health Services Director
Assemblyman Bill Bradley PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 _ BY , DEPUTY
Page 2
This additional liability protection may prove valuable as the
County moves toward implementation of a trauma care system in
the County. County Counsel has recommended that the Hoard of
Supervisors endorse AB 1754 and this office concurs in that
recommendation.