We all know that the people in the United States can be sue-happy; in other words, anyone can sue for almost anything. During an emergency, it is no different. There will be on the spot decisions to be made and they will not always be favorable to the involving parties. Lawsuits will always pop up out of nowhere which is why it is important to have Legal Counsel in Emergency Management.
As with anything else, you must always, always cover your butt. Not covering it properly (by legal standards) can present issues of liability due to negligence. During emergency management, negligence “…usually arises from the failure to perform (or unreasonably bad performance of) specific governmental duties…they may include failure to adhere to a plan, executive level decision making (poor choices, poor planning, bad emergency response), or an Incident Commander’s lack of wisdom… or failure to comply with a legal duty, such as OSHA law…” (Nicholson & Esquire, pg. 393).
To help prevent lawsuits, an attorney should be present during emergency management. Nicholson and Esquire talk about litigation ...
Emergency responders face the prospect of responding to a disaster occurring at any time or any location within their jurisdiction. Local agencies are responsible to properly prepare for, mitigate and respond to both man-made and natural disasters. Emergency responders and their agencies should follow the guidelines of the National Incident Management System (NIMS) in order to be best prepared for response to the next disaster whether natural or man-made.
Aehlert, Barbara. "Disaster Response and Domestic Preparedness." Paramedic practice today: above and beyond. Rev. ed. St. Louis, Mo.: Mosby, 2011. . Print.
The goals include increasing nurses’ awareness of their roles and responsibilities in preparing for and responding to a disaster. There are web-based courses available for professionals who are not necessarily planning to deploy to a disaster site but working in hospitals, schools or long-term care settings. These individuals could help with the long-range planning of patients involved in a disaster. The course is designed to protect the nurse and the public through the use of universal precautions, protective equipment, evidence collection and isolation precautions. These are areas that the emergency nurse may not consider when volunteering on the front line of a disaster (Stokowski, 2012). Other areas of the course include how to prepare for a disaster, who to notify when an event is unfolding, the assessment, diagnosing and treating of injuries and illnesses, incorporating clinical judgment skills, and supporting the community after the disaster (Orr,
Emergency management is a career about managing risk that are both technological and naturally occurring. Though these two terms are synonymous with each other in-terms of modern conceptualization of disasters; this has not always been the case. In the developmental history of emergency management these two sources of disaster; were often seen as two completely independent sources of danger, and as a result the emergency management community encountered steep and costly learning curve in managing the hazards associated with these sources risk.
Tasked by the ACF, our team of disaster case managers and responders are on the scene within 72 hours of its start. From there, ACF Immediate Disaster Case Management (ACF IDCM) starts meeting with those suffering from the disaster to fully access what is needed for a proper recovery. While tasked by the ACF, the IDCM program is completely self-sufficient while receiving support from BCFS EMD’s Incident Management Team. Through BCFS’ support, the program is provided complete operations, logistics and planning support to meet its
...ext. In W. L. Waugh, & K. Tierney, Emergency Management: Principles and Practice for Local Government (p. 63). Washington D.C.: International City/County Management Association.
Gaining a better understanding of what exactly my hospital is dealing with will determine the appropriate course of action. Did the explosion send poisonous chemicals into the air or are the patients simply having a reaction from smoke? As the incident commander on duty it is my responsibility to implement the three key strategies of disaster response; protect and preserve life, stabilize the disaster scene, and protect and preserve property. I will also begin implementation of the hospital’s emergency operation plan. Although I have not yet established the cause of illness in the patients, it is important to treat the incident as a potential mass disaster situation. I will proceed with implementing the “3 C’s” of incident leadership; coordination, communication, and cooperation (Reilly & Markenson, 2011). Effective management of this crisis weighs heavily on my ability to coordinate, communicate, and cooperate not only
Varone, J. C. (2012). Legal considerations for fire & emergency services (2nd ed.). Clifton Park, NY: Delmar.
Many of us imagine how amazing life will be living happily ever after,’-however, for many, love can be extremely dangerous. Many relationships deal with abuse such as physical violence, sexual abuse, verbal assault and manipulation. It is important to protect those who may be victims of domestic violence, and to understand, and support them. Domestic Violence can happen to anyone, regardless of gender, race or sexual orientation. The Justice System is not effective in supporting victims of Domestic violence. The law currently only provides support to victims after they have endured abuse. The Intervention Order Act will provide support for victims to escape abuse before experiencing conflict. The judicial system needs to expand to allow one
Haddow, G. D., Bullock, J. A., & Coppola, D. P. (2010).Introduction to emergency management. (4th ed., pp. 1-26). Burlington, MA: Butterworth-Heinemann.
Hazards pose risk to everyone. Our acceptance of the risks associated with hazards dictates where and how we live. As humans, we accept a certain amount of risk when choosing to live our daily lives. From time to time, a hazard becomes an emergent situation. Tornadoes in the Midwest, hurricanes along the Gulf Coast or earthquakes in California are all hazards that residents in those regions accept and live with. This paper will examine one hazard that caused a disaster requiring a response from emergency management personnel. Specifically, the hazard more closely examined here is an earthquake. With the recent twenty year anniversary covered by many media outlets, the January 17, 1994, Northridge, California earthquake to date is the most expensive earthquake in American history.
Emergency Management has always been an important role in government, communities, and some organizations when dealing with planning and response to emergencies and disasters. However, since the September 11th attacks and other terrorist attacks on United States soil such as the Oklahoma City bombing, or the Boston terror attack, emergency management now has a more active and upfront role. Planning for terrorist attacks is no longer if but when.
In America, the right to a civil jury trial is one of our most fundamental rights. However, many individuals cannot afford an attorney, and without an attorney to help an individual navigate the legal system, this guarantee is effectively meaningless. Also, US courts have declined to impose on the losing party the obligation to pay the winning side’s legal expenses (the American Rule). Because of these two fundamental principles in the American legal system, contingency fees have always been allowed and continue to play a predominate role in the development of US tort law. Under a contingent fee agreement, the attorney will take the case without charging any money up front and is paid only if the case is successful, typically between 25%-33.3% of the plaintiff’s total recovery. In the US, unless the case is criminal or divorce, contingency fee agreements are generally allowed. Similarly, the ABA has long regarded the contingency fee system as “squarely within the bounds of American legal ethics.” However, in the 1980s, corporations, medical associations, and the insurance industry...
Emergency is an extraordinary situation in which the state cannot function normally. The state will not be able to discharge its responsibilities, like in the normal circumstances. A tighter executive control on the state is required. S...
Emergency management is often described in terms of “phases,” using terms such as mitigate, prepare, respond and recover. The main purpose of this assignment is to examine the origins, underlying concepts, variations, limitations, and implications of the “phases of emergency management.” In this paper we will look at definitions and descriptions of each phase or component of emergency management, the importance of understanding interrelationships and responsibilities for each phase, some newer language and associated concepts (e.g., disaster resistance, sustainability, resilience, business continuity, risk management), and the diversity of research perspectives.