(WINSTON-SALEM, N.C.)
This week, May 18–24, we recognize EMS Week – an annual moment to celebrate, honor, and thank emergency medical service responders for the work they do and the risks they take to help their communities.
However, this week carries an exceptionally heavy weight for first responders in Kansas City, MO.
Firefighter-paramedic Graham Hoffman, 29, was fatally stabbed by a patient he was transporting, according to authorities.
He was working overtime when the attack occurred, according to Kansas City Fire Department Battalion Chief Michael Hopkins.
Authorities say the patient was originally transported after being found walking along the shoulder of a highway with a laceration on her finger. She allegedly attacked Hoffman while inside the ambulance.
As a show of love and support has poured out for the first responder community in the city, this deadly incident has sparked deeper conversations within the EMS community about the legal and tactical considerations of searching patients prior to transport.
PWW Advisory Group attorneys Steve Wirth and Doug Wolfberg both shared their thoughts in the immediate aftermath of the news.
“Much more needs to be done to help protect our EMS professionals, firefighters, and frontline health care workers who are killed by violent patients and others while performing their job duties,” Wirth emphasized.
The nationally recognized attorney stated that more “time, effort, and money” should be devoted to protecting caregivers.
“Most states have laws that protect law enforcement officers, but too often these laws do not extend to firefighters, EMS professionals, and frontline healthcare workers. Much more needs to be done—including stiffer penalties with significant mandatory jail time for assaults against these personnel. Often, those who assault public safety personnel get off with minimal jail time,” Wirth explained.
Wolfberg echoed this sentiment and emphasized that there are both legal and tactical dimensions to the question: Can EMS clinicians ask patients prior to transport if they possess a weapon? Can they search a patient for weapons?
He said, “Legally, there’s no impediment to EMS clinicians asking patients whether they are armed or even searching the patient for weapons. EMS clinicians’ roles are not investigatory or criminal, and therefore no Fourth Amendment ‘search and seizure’ restrictions should apply. (It might be a different story if EMS personnel are acting at the direct behest of law enforcement to obtain evidence from a patient.)”
While this may hold true from a legal standpoint, there are challenges when considering tactical realities.
Wolfberg explained, “There is data on the relatively poor or nonexistent training that EMS clinicians have when it comes to handling weapons. (https://lnkd.in/d3uQ8-Wy). Most ambulances don’t have a place to securely store weapons.”
He also cautioned that merely asking a patient about being armed can escalate tension. “One such cautionary tale occurred in Wisconsin in 2019. (https://lnkd.in/dBa_Gfk7) After being asked if he was armed on an EMS scene, an individual drew a weapon and began shooting—fatally wounding a paramedic.”
Conversations around EMS clinician safety are essential, especially given the unpredictable threats of violence they may face.
Scenario-based training and policies that align with legal standards are crucial. EMS agencies must not only address the legal implications of encounters with armed individuals but also focus on tactical preparedness—equipping their personnel with the skills and training needed to protect themselves in these potentially foreseeable situations.