What happens when a determination of death GOES WRONG?
In this episode of the Standard of Care Podcast, hosts Samantha Johnson and Nick Adams break down a real and heartbreaking case where EMS medics declared a 14-year-old patient deceased—only for him to be resuscitated at the hospital nearly an hour later. The fallout? A legal battle that made its way to the Supreme Court, and a patient left with devastating consequences.
With legal nuance and clinical insight, Samantha and Nick walk through the case from street to courtroom. They explore the intersection of qualified immunity, the complexities of assessing patients with conditions like cerebral palsy, and the chilling legal and ethical risks that come with the determination of death in the field. This episode will change the way you view determination of death—and might just save your career someday.
Listen now on your favorite podcast platform or directly at https://flightbridgeed.com/standard-of-care/. While you’re there, explore our award-winning and nationally recognized courses that are helping thousands of providers stay sharp, safe, and legally sound.
Key Takeaways
- Don’t shortcut your assessment. "Cold to the touch" and single-lead asystole aren’t enough—especially in patients with neurological conditions that can present atypically.
- Qualified immunity protects government providers—until it doesn’t. It's not a license to cut corners.
- Thorough documentation and a second-by-second account of your decision-making process can be your legal lifeline.
- Cross-agency coordination and quality assurance are essential. What one crew misses, another might catch—but how that’s handled matters.
- EMT and paramedic education rarely prepares you for the weight of calling a death. Clinical training must evolve to meet that responsibility.
- When in doubt, initiate resuscitation. Let the ER be the place of final determination—not the living room.
References- Stacy Williams, on behalf of her minor grandson, J.J. v. Andrew Williams and Joe Spradlin, United States District Court, Southern District of Texas, Houston Division, Civil Action File No. 4:23-cv-289 (January 26, 2023), available at https://bencrump.com/wp-content/uploads/2023/02/Doc.-1.-Plaintiffs-Original-Complaint.pdf
- FOX 26 Digital. (2023, February 2). Lawsuit Filed Against Houston Paramedics Who Refused Emergency Care to Disabled Teen. FOX 26 Houston. https://www.fox26houston.com/news/lawsuit-filed-against-paramedics-who-refused-emergency-care-to-disabled-teen
- Wallace, R. (2025, January 10). US Supreme Court Declines Case of 2 Houston Paramedics Who Mistakenly Declared Teen Dead. FOX 26 Houston. https://www.fox26houston.com/news/us-supreme-court-declines-case-2-houston-paramedics-who-mistakenly-declared-teen-dead
