Potential legal issues for ambulance services

Abstract

This paper will review developments and emerging issues in law for ambulance services. It is not intended as a comprehensive review but a reflection on issues arising from recent developments in the law and the authors' current research interests. Whether or not an ambulance service, and its officers, owe a duty of care to their patients was a matter of argument in the English case of 'Kent v Griffiths'. Ultimately it was held that an ambulance service should be considered on the same footing as a health service rather than an emergency service (such as the police and fire brigades). The emergency services are there for community, rather than individual benefit whereas an ambulance service is providing care to the injured clearly for that persons benefit and does owe the appropriate duty of care. The issue has not been subject to debate in Australia. It is interesting to note that changes to the legislative position in New South Wales have reflected the views expressed in 'Kent v Griffiths'. The 'Ambulance Service Act 1990' (NSW) has been repealed, and the Ambulance Service is now constituted as a health service under the 'Health Services Act 1997' (NSW). Unlike the ACT, where the ambulance service is the responsibility of the Minister for Police and Emergency Services, the NSW and Victorian Ambulance Services are the responsibility of the Minister for Health.