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by anygunanywhere
Fri Mar 18, 2016 4:22 pm
Forum: The Crime Blotter
Topic: Farmer's Branch officer charged with murder
Replies: 29
Views: 5675

Re: Farmer's Branch officer charged with murder

rotor wrote:
anygunanywhere wrote:
jkurtz wrote:
JP171 wrote:
jkurtz wrote:
WTR wrote:How do you sue the City/Department for an off duty police officer who acted outside the police policy ?

My understanding from various threads on this forum, is that a Police Officer is never "OFF DUTY".
I think it is kind of silly to say police are never off duty. If that was the case, then everything they did would be done on behalf of, or as a representative of, their department. Obviously that isn't the case. Yes, they can perform police functions while off the clock, but that does not mean they are always on duty. To compare, medical personnel can respond to medical emergencies they might be witness to, but that does not mean they are on duty.
only as a layperson may respond, they are not allowed to do advanced techniques or to represent themselves as medical professionals if they are not on duty because they do not have a duty to act. so if your a woowoo DND paragawd you had better NOT be trying to do things that are above basic stop the bleeding and CPR, no O2 no thoracotomy no trach's no nothing more than layperson basic first aid. MD's ofcourse may act as an MD no matter where they are in Texas if so licensed.
I am pretty certain that response is dictated by your scope of practice, not what the layperson can do. Is there a particular statute that you know of stating differently?
MDs are licensed and can act as doctors wherever they are anytime.

Para professionals are certified. Some are licensed. Para professionals operate under the direction of an MD whenever they perform advanced skills in the field. Whenever they are not acting in the capacity of their system they are essentially lay persons and can only perform basic functions. No medical direction, no advanced skills. Performing beyond the basic layperson level without medical direction is criminal.
What do you mean when you say criminal? Hypothetically someone has complete cardiac arrest, a non physician that has been doing cpr can not get things started and as a last attempt does open cardiac massage ( something 98% of physicians probably couldn't do). Let's say he is successful, the ambulance drives up and the patient is taken to the hospital and survives. I know, highly unlikely stuff. So what crime was committed? Assault? Wouldn't all of these things be covered by good sam law? Now civil suit is different. All hypothetical of course.
Rendering care that is outside what you are allowed to do under the Texas EMS statutes is a criminal offense. In your straw man hypothetical the jury would have to decide the case if the MD was brought up on charges. My comments were regarding EMS professionals, not MDs.
by anygunanywhere
Fri Mar 18, 2016 8:39 am
Forum: The Crime Blotter
Topic: Farmer's Branch officer charged with murder
Replies: 29
Views: 5675

Re: Farmer's Branch officer charged with murder

jkurtz wrote:
JP171 wrote:
jkurtz wrote:
WTR wrote:How do you sue the City/Department for an off duty police officer who acted outside the police policy ?

My understanding from various threads on this forum, is that a Police Officer is never "OFF DUTY".
I think it is kind of silly to say police are never off duty. If that was the case, then everything they did would be done on behalf of, or as a representative of, their department. Obviously that isn't the case. Yes, they can perform police functions while off the clock, but that does not mean they are always on duty. To compare, medical personnel can respond to medical emergencies they might be witness to, but that does not mean they are on duty.
only as a layperson may respond, they are not allowed to do advanced techniques or to represent themselves as medical professionals if they are not on duty because they do not have a duty to act. so if your a woowoo DND paragawd you had better NOT be trying to do things that are above basic stop the bleeding and CPR, no O2 no thoracotomy no trach's no nothing more than layperson basic first aid. MD's ofcourse may act as an MD no matter where they are in Texas if so licensed.
I am pretty certain that response is dictated by your scope of practice, not what the layperson can do. Is there a particular statute that you know of stating differently?
MDs are licensed and can act as doctors wherever they are anytime.

Para professionals are certified. Some are licensed. Para professionals operate under the direction of an MD whenever they perform advanced skills in the field. Whenever they are not acting in the capacity of their system they are essentially lay persons and can only perform basic functions. No medical direction, no advanced skills. Performing beyond the basic layperson level without medical direction is criminal.
by anygunanywhere
Thu Mar 17, 2016 1:50 pm
Forum: The Crime Blotter
Topic: Farmer's Branch officer charged with murder
Replies: 29
Views: 5675

Re: Farmer's Branch officer charged with murder

parabelum wrote:"According to the Texas Penal Code, deadly force cannot be used in response to theft of personal property unless it occurs at nighttime, which is defined as 30 minutes after sunset..."

That, plus pursuing them in private car doesn't look good to say the least.
Nice avatar, Parabellum!

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